selling architectural pics for editorial use without a property release

<p>Hello. <br>

I have some photographs of houses (mostly parts of houses like a window), and buildings (like half of the building). All these photographs were taken from the road (public place). I do not have property releases of these pics. Can I sell these photographs only "editorial use" only, through a stock agency ? Please can someone let me know. Thank you very much. <br>

Regards</p>

<p><a rel="nofollow" href="http://asmp.org/tutorials/using-property-releases.html" target="_blank">http://asmp.org/tutorials/using-property-releases.html</a>.<br>

http://www.photo.net/business-photography-forum/00WAq5</p>

<blockquote>

<p>Can I sell these photographs only "editorial use" only, through a stock agency ?</p>

 

</blockquote>

<p>Of course you can.<br>

Editorial use; 9 time out of ten will publish w/o any sort of release requirement.</p>

<p>Now the <strong>tenth</strong> time is where we enter into far too much discussion, heresay and guesses which would ultimately be decided in a court of law. That <strong>tenth</strong> time is easily avoided with common sense.</p>

<p>A stock agency will ask you if there are releases for your images, property and/or model.</p>

<p>The lack of releases does not make your images (un-license-able.)</p>

<p>Remember; taking the shot does not trigger a violation, unless you are prohibited from doing so such as government installations etc...<br>

The risk is assumed by the publisher, not you as long as you represent yourself honestly.<br>

In other words, if you affirm you do indeed have releases but in reality do not; you are in serious hot water.</p>

<p>When I began shooting stock years ago, I would attempt to secure a release every time.<br>

Now, years later, I don't even bother as I learned editorial use rarely requires one and I was wasting valuable trigger time.</p>

<p>There are some who will no doubt drag out their horror story about how someone got sued using a image editorially. Right!..as in 1/10th of one percent out of thousands that were used w/o problem.</p>

<p>Shooting stock for editorial use? Beware of analysis paralysis.</p>

<p>No problems at all. Tell the agency that you don't have any releases (at Alamy you can mark the images as not having a property release and that one is needed for commercial usage) and you'd be fine.</p>

<p>Thank you everyone. <br>

Kevin, please can you tell me what do you mean when you say analysis paralysis. <br>

I have some images from my travels. I was thinking of selling them for editorial use. I dont intently shoot stock for editorial use. <br>

Thank you Mikael once again. I have sent images to getty for review. :) Thank you very much for that. At alamy, my images are in awaiting their quality control test. :)</p>

<p>Editorial use doesn't require a release. As long as the way you use the images is editorial, and the way you present the images for further licensing and use is clear that there are no releases, you are pretty much home free.</p>

<p>You can't make yourself suit-proof but you can eliminate any reasonable risk. It's going to waste a lot of time and effort trying to eliminate that last little bit or in worrying about an extraordinarily small risk. That's time better spent on a lot of other matters.</p>

<blockquote>

<p>what do you mean when you say analysis paralysis.</p>

</blockquote>

<p>It is a little phrase I employ for photogs who over think if they need a release or not; so much so to the point that they are paralyzed by fear; so they bypass what might have been a winning shot.</p>

<p>Shoot first..ask questions later.</p>

<p>Thank you. I do fear with releases too, especially when there are people in the photos. <br>

Mostly I photograph children, and since the parents sign the releases on behalf of the children, I sometimes fear that the parents might be faking their signature.<br>

The same with the case of adult models. I fear they will fake their signature in the model release. It scares me so much. <br>

Please can you let me know your thoughts on this. Thank you. </p>

<p>Ask for ID but be prepared for some level of negative reaction.</p>

<p>Yes asking for an ID can create negative reaction. John, how do you go about getting releases signed from models? I am not sure how to go about it, without a negative reaction. <br>

Craig, when you say, "You can't make yourself suit-proof but you can eliminate any reasonable risk." Even if I have model/property releases, I cannot make myself suit-proof ? Please can you explain why you say that. <br>

Thank you everyone. I appreciate your time. </p>

<p>I'm not sure an adult signing a "fake" signature or identity will matter since they are making an acknowledgment of a binding agreement (if its drafted correctly). Different state laws may vary. As to getting the releases, a confident business as usual approach is good. If its a studio or hired location shoot, it can be part of the overall standard contract. Sometimes there is a discount offered in exchange for the release. If anyone asks about it, you can explain what it is. If they don't like it, you can modify by striking out that portion. If you ask for ID for a release signer for a child, you could have a short mention that its part of your child friendly protection policies (its a mutual protection really).</p>

<p>If you seek releases from random people you encounter, you can ask with friendly confidence. If you feel ID is desired, be prepared to give incentives to overcome otherwise negative responses or learn to employ persuasive interaction techniques.</p>

<p> </p>

<blockquote>

<p>I'm not sure an adult signing a "fake" signature or identity will matter since they are making an acknowledgment of a binding agreement</p>

</blockquote>

<p>I meant to add if it involves a photo of themselves.</p>

<p>Thank you John. A discount is a good way to get them to sign a release. Also mutual protection is a great reason to ask for an ID , and it indeed keeps me and the parents safe. <br>

If it involves a photograph of themselves and to have a witness signing the release makes it safe, right ? I am attaching a copy of the model release I will be using. Please can you let me know if I need to add something to this release. Thank you once again. </p>

<p>A person can choose to sue you regardless of the agreements they have signed. They may not win, they may be a crank, they may have a valid legal argument supporting their position. Lawsuits come up over contracts and other disputes all the time. But spread out over the population as a whole, it's a very remote possibility but there is nothing you can do to ultimately control what other people might choose to do.</p>

<p>Thank you Craig. </p>