Here is a pretty good explanation of commercial gain vs art as seen by the New York court system. It holds true for most of the US and probably most of the English speaking world.
http://tinyurl.com/36rzkn* * graywolf wrote: > I will point out that I did say commercial gain, and with this I am through > with > this thread. > > P. J. Alling wrote: > >> That isn't quite true, there is an exception for Fair use and in most >> cases art prints fall under fair use. We are getting further and further >> from the case in question, but in that case copyright law is being >> twisted out of recognition. You don't own a copyright ion your truck or >> image. That's not why you get a release. >> >> graywolf wrote: >> >>> The issue is not the right to take photographs, Peter. The issue is the >>> right to >>> commercial gain from someone else's property. To legally sell photos of >>> someone >>> property you need to obtain a Property Release, just as to sell photos of >>> them >>> you need a Model Release (I use the same simple form for both, see sample >>> below). Why is that hard to understand? >>> >>> SAMPLE (Note this is probably not adequate for nudes, or if big money is >>> involved): >>> >>> -------------------------------------------------------------------------------- >>> PHOTO RELEASE >>> >>> I, ___________________________________, hereby give PHOTOGRAPHER'S NAME, >>> and his >>> assignees permission to use photographs of me, and/or my property, taken by >>> him, >>> for any lawful purpose. >>> >>> SIGNATURE: _______________________________ DATE:_______________ >>> (Parent or guardian must also sign if under 18 years of age.) >>> >>> ADDRESS:_______________________________________________________________________ >>> >>> PHONE: ______________________ >>> E-MAIL:__________________________________________ >>> -------------------------------------------------------------------------------- >>> >>> --graywolf >>> >>> >>> P. J. Alling wrote: >>> >>> >>>> This just so completely confuses copyright and trademark infringement >>>> with a bit of the we can control everything cant the Dixie Plantation >>>> has for the basis of their suit that it's just scary. It seems we >>>> photographers are already paying for this. >>>> >>>> graywolf wrote: >>>> >>>> >>>>> Well, as to the legality, one does not have the right to sell images of >>>>> someone >>>>> else's clearly identifiable property without their permission. One does >>>>> have the >>>>> right to take the photos, without violating any laws of trespass, it is >>>>> selling >>>>> the images that is questionable. One would assume that the right to the >>>>> income >>>>> from ones own property is clear, otherwise I want every one on the list >>>>> to send >>>>> me rent. regardless of who owns the property they live on <GRIN>. >>>>> >>>>> >>>>> Jack Davis wrote: >>>>> >>>>> >>>>> >>>>>> Mr Ham had no right to do what he did. "Private" property rights should >>>>>> always be respected especially when privacy is to be compromised by >>>>>> being held up to the world to see. >>>>>> "Privacy" and "security" are too closely related these days. >>>>>> That being said, I'm somewhat ambivalent about being restricted from >>>>>> taking pictures of something which is on private property, but from a >>>>>> public property position. >>>>>> >>>>>> Jack >>>>>> --- Rebekah <[EMAIL PROTECTED]> wrote: >>>>>> >>>>>> >>>>>> >>>>>> >>>>>>> Just found this interesting, what do you guys think? >>>>>>> >>>>>>> http://www.thestate.com/local/story/190126.html >>>>>>> >>>>>>> rg2 >>>>>>> -- >>>>>>> "the subject of a photograph is far less important than its >>>>>>> composition" >>>>>>> >>>>>>> -- >>>>>>> PDML Pentax-Discuss Mail List >>>>>>> [email protected] >>>>>>> http://pdml.net/mailman/listinfo/pdml_pdml.net >>>>>>> to UNSUBSCRIBE from the PDML, please visit the link directly above >>>>>>> and follow the directions. >>>>>>> >>>>>>> >>>>>>> >>>>>>> >>>>>> >>>>>> ____________________________________________________________________________________ >>>>>> Be a better Globetrotter. Get better travel answers from someone who >>>>>> knows. Yahoo! Answers - Check it out. >>>>>> http://answers.yahoo.com/dir/?link=list&sid=396545469 >>>>>> >>>>>> >>>>>> >>>>>> >>>>> >>>>> >>>>> >>>> >>>> >>> >>> >> > > -- Remember, it’s pillage then burn. -- PDML Pentax-Discuss Mail List [email protected] http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
