Pictures of a car
Forum Digital Camera : Digital Camera General - Pictures of a car
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I understand you need to obtain a signed release for commercial publication
of a picture of an identifiable person.
I hope this isn't a totally stupid question, but does anything similar apply
to cars? This is in the context of exhibits at a vintage or specialist car
rally, so there shouldn't be any privacy issues. But obviously the cars are
uniquely identified by their number plates.
Archived from groups: rec.photo.digital (More info?)
anon commented courteously...
> I understand you need to obtain a signed release for
> commercial publication of a picture of an identifiable
> person.
>
> I hope this isn't a totally stupid question, but does
> anything similar apply to cars? This is in the context
of
> exhibits at a vintage or specialist car rally, so there
> shouldn't be any privacy issues. But obviously the cars
are
> uniquely identified by their number plates.
No, its not at all stupid, but impossible for any of us
who aren't attorneys to answer since laws vary so much
state-by-state in the U.S. and even more so
internationally.
My purely "latrine lawyer" understanding is that you can
take /candid/ pics of anyone, identifiable or not,
without getting a so-called "model release" so long as
they are onsey, twosey, and not an entire series of one
person.
And, "identifiable" needs some clarification. Just being
"recognizable" doesn't cut it - Hell spy satellites can
do that!
But, I'm sure this will become an interesting thread and
you and the rest of us will learn a lot from the folks
who have direct experience.
Now, cars.
I don't know how a car owner could object to you taking
pictures of his car and then selling them. The "air" is
free as well as transparent. But, again, I'm just a
"latrine lawyer".
But, here is where I /definitely/ would retain the
services of an intellectual property attorney, i.e., one
well-versed in the law(s) of your local and even
internationally. These people are most often trademark
and copyright attorneys, of which "intellectual
property" is the overall umbrella.
Not only do you want to be /legally/ "safe from harm"
should a car owner try to sue you, you clearly need
advice to protect your own work, and to be able to
recover damages from copyright infringers.
And, I expect you know that you'll need to take specific,
defined steps to protect /your/ intellectual property
from someone stealing your digital images (I wouldn't
advise selling digital, except in reduced sizes) or even
scanning prints (it's trivially easy to "clone" over even
the gold-imprinted stamps studios put on their prints).
So, you'll need strong digital watermarks.
Good luck!
--
ATM, aka Jerry
Archived from groups: rec.photo.digital (More info?)
"anon" <noone@nowhere.spam> wrote in message
news:4298f05b$1_2@alt.athenanews.com...
>I understand you need to obtain a signed release for commercial
> publication of a picture of an identifiable person.
Depending on jurisdiction, commercial or not commercial (so any),
publication of a picture of an identifiable person may(!) violate
Portrait rights (AFAIK mainly a Berne convention issue).
> I hope this isn't a totally stupid question, but does anything
> similar apply
> to cars?
Not a stupid question at all. Strictly, in general ANY (regardless of
shape or form) multiplication of an "original work" is subject to
"copy"right protection. There are some exceptions, however, the
originallity may lay in the composition and context or purpose of what
is offered.
> This is in the context of exhibits at a vintage or specialist car
> rally, so there shouldn't be any privacy issues. But obviously the
> cars are
> uniquely identified by their number plates.
IANAL, but depending on your representation of the event, there should
be few issues (although it's better to be save than sorry if you want
to publish any images).
Bart
Archived from groups: rec.photo.digital (More info?)
"anon" <noone@nowhere.spam> wrote in message
news:4298f05b$1_2@alt.athenanews.com...
>I understand you need to obtain a signed release for commercial publication
> of a picture of an identifiable person.
>
> I hope this isn't a totally stupid question, but does anything similar
> apply
> to cars? This is in the context of exhibits at a vintage or specialist car
> rally, so there shouldn't be any privacy issues. But obviously the cars
> are
> uniquely identified by their number plates.
>
I'm taking a guess here, but without permission of the owner I think you
will have no problem if you change or blank out the license plate. Depends
on what you are using the photo for. If you are a journalist, and the photo
is going in the paper, and the event is truly a public event, you should be
safe. If the photo is to be used for your own personal gain, I think you
need a release if the car can be identified to the owner.
Archived from groups: rec.photo.digital (More info?)
anon wrote:
> I understand you need to obtain a signed release for commercial publication
> of a picture of an identifiable person.
>
> I hope this isn't a totally stupid question, but does anything similar apply
> to cars? This is in the context of exhibits at a vintage or specialist car
> rally, so there shouldn't be any privacy issues. But obviously the cars are
> uniquely identified by their number plates.
>
>
It goes like this (in the USA and Australia at least) If you put an
object in a place for public exhibition - as in a car show - you can
reasonably expect that object to be photographed and reasonable NOT
expect to have any say in what is done with the photos. OK that's the
simple part.
It starts to get complicated when you enter the show grounds for the
purpose of taking photographs for profit. The owner - for the purpose of
the law this can be the person renting the grounds for the show - can
object to you entering his/her show to make money from the photos you'll
take if they haven't given you permission to photograph there.
Race car promoters have developed the technique of fleecing
photographers into an art form. You simply cannot take a photograph
inside a race track without having their written permission and that
includes the right of veto and the right to take possession of the
copyright. Some Exhibition promoters are starting to behave in a similar
manner.
My advise is to get written permission well before the event and if the
promoter has no policy on photographers, write them a letter outlining
what you intend to do and include the footer that a reply is not
required if this is acceptable to them.
At least one photographer shredded the letter asking for a share of the
profits and successfully defended the case in Court, claiming he
presumed he had permission and freedom from commission payment because
he got no reply!
It gets even more complicated if an owner later gets his pride and joy
stolen and you published or sold a photo with the license plate
readable. He (she?) could reasonable argue that you facilitated the
crime by publishing not just a photo of the car but a method anyone
could use to identify the owner and get their address. Aussie's still
have a requirement of proof for this sort of thing but elsewhere? Just
be careful, eh?
--
Douglas...
It's traditional, painter's use it, Rembrandt used it.
Now you can put your photos on it too!
http://www.canvasphotos.com.au
Archived from groups: rec.photo.digital (More info?)
Kind of depends on what you mean by commercial publication. If you mean a
magazine or other "press" sort of thing....that's freedom of the press. You
have the right to collect and disseminate information. But, if you mean you
are going to publish a calendar with your photos of old cars you need their
permission. Cars like that are works of art and it could be argued that the
owner does have a copyright on any specific auto.
"anon" <noone@nowhere.spam> wrote in message
news:4298f05b$1_2@alt.athenanews.com...
> I understand you need to obtain a signed release for commercial
publication
> of a picture of an identifiable person.
>
> I hope this isn't a totally stupid question, but does anything similar
apply
> to cars? This is in the context of exhibits at a vintage or specialist car
> rally, so there shouldn't be any privacy issues. But obviously the cars
are
> uniquely identified by their number plates.
>
>
Archived from groups: rec.photo.digital (More info?)
>
> Race car promoters have developed the technique of fleecing photographers
> into an art form. You simply cannot take a photograph inside a race track
> without having their written permission and that includes the right of
> veto and the right to take possession of the copyright. Some Exhibition
> promoters are starting to behave in a similar manner.
>
Which Australian events are you reffering to?
JJ
Archived from groups: rec.photo.digital (More info?)
anon wrote:
> I understand you need to obtain a signed release for commercial publication
> of a picture of an identifiable person.
>
> I hope this isn't a totally stupid question, but does anything similar apply
> to cars? This is in the context of exhibits at a vintage or specialist car
> rally, so there shouldn't be any privacy issues. But obviously the cars are
> uniquely identified by their number plates.
>
>
It might be a good idea to obscure the plates...
--
Ron Hunter rphunter@charter.net
Archived from groups: rec.photo.digital (More info?)
I am not a lawyer, but if there was any legal requirement for a signed
release before publishing a photo wouldn't the gutter press be constantly
sued by celebrities when they publish intrusive photographs?
"anon" <noone@nowhere.spam> wrote in message
news:4298f05b$1_2@alt.athenanews.com...
>I understand you need to obtain a signed release for commercial publication
> of a picture of an identifiable person.
>
> I hope this isn't a totally stupid question, but does anything similar
> apply
> to cars? This is in the context of exhibits at a vintage or specialist car
> rally, so there shouldn't be any privacy issues. But obviously the cars
> are
> uniquely identified by their number plates.
>
>
If you take a news photograph, you are able to use it in a story. However, if you plan to sell pictures, calendars or books with an identifiable product like a race car (blurring the license plate is not enough), then you must get a product release. Judgment comes into it if it's just a 1957 Chevy, for example, that has no uniquely identifiable marks like the paint job or artwork, then you might be able to use the photograph for commercial use without a product release.
Publishers will require a model or product release before they'll accept or publish your photograph of an identifiable person or product. Stock photo agencies like Getty, Corbis or iStockPhoto will require you submit the model/product release at the time you submit the photograph, and they'll reject any photo without a release if the person or product is identifiable.
Tom
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