For instance, if you ask to visit a company, museum, private collection etc. with a view to selling the photos you take what is best to do? Offer them a free copy and be done with it or how does it work?
For instance I am due to visit a farm to shoot photos of his cattle, the farmer mentioned he had had another photographer come and they'd given him a photo to go up on his wall.
Also I love to shoot classic cars - if you want to upload those to Shutterstock they have you up for infringement rights against the maker of the car.
If I want to sell a print of this car, animal, person, building, shop interior what's my position?
Do I have to notify the owner? Do I have to pay them? Give them a copy and call it quits or what?
this is a complicated subject and you can read all kinds of stuff online about it... people get very confused with this topic and rightful so as there is a lot of misleading information and half truths offered as fact by people who should know better. The only time you will run into a real problem is if you are selling them for use in commercial advertising. For "art" it is fair game in most cases. For example if you take a photo on the street of a person, that person has no legal expectation of privacy so that image could be used for art or journalism. Now if you try to sell that image to a stock site or to a business for advertising you will need a model release. Same goes for property. Many people will try to tell you different things on this, but this is pretty much the law. Now if you are on private property it can be a different story. All that being said, it is always good to get a model or property release if you can because then you can sell the image for commercial use. hopefully this helps.
Just to confirm..if I wanted to sell for arguments sake canvases of a car photo to shops to sell on that would come under the umbrella of art?
Also though I guess this is an entirely different subject and not a straight forward one...how far is it polite to go in terms of making gain out of someone's property?
For instance I'm a big lover of Classic Cars and would love to phone up a couple of showrooms and ask if they'd be happy for me to photograph their stock. Is that polite or not? Is it then mine to use for 'art'? If I give them copies am I then relinquishing all rights etc...
>For example if you take a photo on the street of a person, that person has no legal expectation of privacy so that image could be used for art or journalism.
@cottiac if you where to go to showrooms and photograph their stock with their permission i would have them sign a property release in exchange for them getting images that they could use just to cover my bases.
as far as making gain out of someone's property, as long as you are not using it for commercial purposes i see no problem. If it is for commercial purposes and you have a property release then there is no problem.
In your first example that should fall under the umbrella of art.
the photographer always maintains the copyright of any photo they have taken as long as you don't sign any documents expressly giving up that copyright.
this is US based information
I am not a lawyer, so take any information from me with that knowledge
@deadschool@fotoblah Thanks Guys - I see a visit to my solicitor coming up! Still confused between commercial purposes and art. Surely if I sell something for art then I've made money on it which = commercial purposes?
@cottiac it gets confusing and every situation will have its own nuance, but here is a simplified way of looking at it. You take and image and make some prints to sell to people to hang on their wall, this is art. You take the same image and sell it so someone to put in a commercial, billboard, business card, etc. this is commercial. I really depends on how the image is going to be used. When you sell a print to someone they are buying that piece of paper with ink on it. When you sell an image for commercial us you are selling the image to someone to use and a certain way defined by the use clause in the contract.
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Just to confirm..if I wanted to sell for arguments sake canvases of a car photo to shops to sell on that would come under the umbrella of art?
Also though I guess this is an entirely different subject and not a straight forward one...how far is it polite to go in terms of making gain out of someone's property?
For instance I'm a big lover of Classic Cars and would love to phone up a couple of showrooms and ask if they'd be happy for me to photograph their stock. Is that polite or not? Is it then mine to use for 'art'? If I give them copies am I then relinquishing all rights etc...
True in the US. 365 is an International site. Laws vary by country: https://commons.wikimedia.org/wiki/Commons:Country_specific_consent_requirements
as far as making gain out of someone's property, as long as you are not using it for commercial purposes i see no problem. If it is for commercial purposes and you have a property release then there is no problem.
In your first example that should fall under the umbrella of art.
the photographer always maintains the copyright of any photo they have taken as long as you don't sign any documents expressly giving up that copyright.
this is US based information
I am not a lawyer, so take any information from me with that knowledge
Hope that helps