Property Release

bluestringer · 03-03-2012, 08:02 AM

Say I stop on the side of a highway and take a photo, maybe a field, farm animal, tree, whatever. I later upload this image to a stock photo company and it is sold as a RF commercial image. Do I need a property release? What about an image of a building in a downtown area, a business maybe, but no people in the shot. Do I need a property release?

alohadave · 03-03-2012, 08:50 AM

Originally posted by bluestringer

Say I stop on the side of a highway and take a photo, maybe a field, farm animal, tree, whatever. I later upload this image to a stock photo company and it is sold as a RF commercial image. Do I need a property release? What about an image of a building in a downtown area, a business maybe, but no people in the shot. Do I need a property release?

That's something that you need to ask the stock agency. They are more stringent than the law generally requires.

**Douglas_of_Sweden** · 03-03-2012, 06:46 PM

This will depend on the law where you live. Don't know how it is in the US, or if it is even the same between your states. In Europe the only country where I know this could be a problem would be France where they have some exotic laws concerning photography. Yet I heard that when that was taken to French courts by someone wanting the photographer/stock photo company to pay them because their house or castle or so was in the picture, the court ruled in favor of the photographer. Here in Sweden, someone could stand on the street and photograph my house and garden and sell it for post cards or whatever.

RioRico · 03-06-2012, 07:50 AM

The USA state of Florida passed a law forbidding photography of agricultural areas -- no shots of barn, cows etc without permission -- but it either has been or will be challenged, and the challenge will win, even with the current pro-corporate US Supreme Court. But as Dave said, check with the stock agency's guidelines.

eddie1960 · 03-06-2012, 08:04 AM

Property releases are generally a good idea if it is going to be sold for any type of advertising use or commercial venture (like the label on a product for instance) Particularity it is an identifiable well known building in private hands. Generally it is not hard to obtain, but they may ask for compensation. better to negotiate the compensation prior to use because you will get it for a better price.
Basically follow the same rules as model releases and you are covered
Stock agencies are very particular about releases except when it is listed for editorial where releases are not required (and the sales pool is way way smaller)

03-03-2012, 08:02 AM	#1
bluestringer Veteran Member Join Date: Nov 2011 Location: Cotton fields of South Georgia Photos: Gallery Posts: 2,748	Property Release Say I stop on the side of a highway and take a photo, maybe a field, farm animal, tree, whatever. I later upload this image to a stock photo company and it is sold as a RF commercial image. Do I need a property release? What about an image of a building in a downtown area, a business maybe, but no people in the shot. Do I need a property release?

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03-03-2012, 08:50 AM	#2
alohadave Veteran Member Join Date: Jan 2008 Location: Quincy, MA Photos: Gallery \| Albums Posts: 2,024	Originally posted by bluestringer Say I stop on the side of a highway and take a photo, maybe a field, farm animal, tree, whatever. I later upload this image to a stock photo company and it is sold as a RF commercial image. Do I need a property release? What about an image of a building in a downtown area, a business maybe, but no people in the shot. Do I need a property release? That's something that you need to ask the stock agency. They are more stringent than the law generally requires.

03-03-2012, 06:46 PM	#3
Douglas_of_Sweden Site Supporter Join Date: Apr 2008 Location: Stockholm Photos: Gallery Posts: 3,374	This will depend on the law where you live. Don't know how it is in the US, or if it is even the same between your states. In Europe the only country where I know this could be a problem would be France where they have some exotic laws concerning photography. Yet I heard that when that was taken to French courts by someone wanting the photographer/stock photo company to pay them because their house or castle or so was in the picture, the court ruled in favor of the photographer. Here in Sweden, someone could stand on the street and photograph my house and garden and sell it for post cards or whatever.

03-06-2012, 07:50 AM	#4
RioRico Veteran Member Join Date: Jun 2008 Location: Limbo, California Posts: 11,263	The USA state of Florida passed a law forbidding photography of agricultural areas -- no shots of barn, cows etc without permission -- but it either has been or will be challenged, and the challenge will win, even with the current pro-corporate US Supreme Court. But as Dave said, check with the stock agency's guidelines.

03-06-2012, 08:04 AM	#5
eddie1960 Veteran Member Join Date: Aug 2010 Location: Toronto Photos: Gallery \| Albums Posts: 13,666	Property releases are generally a good idea if it is going to be sold for any type of advertising use or commercial venture (like the label on a product for instance) Particularity it is an identifiable well known building in private hands. Generally it is not hard to obtain, but they may ask for compensation. better to negotiate the compensation prior to use because you will get it for a better price. Basically follow the same rules as model releases and you are covered Stock agencies are very particular about releases except when it is listed for editorial where releases are not required (and the sales pool is way way smaller)