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Private property/public domain?


raven_garrison

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Just be nice to those private property owners and, usually, you can

get through easily. Be careful with model releases, especially with

kids under 18, which you need to have parental/guardian releases as

well, as required by law in some states if not all. Government

property release/permit? It takes a looooooooonnnnnnnnnngggggggggg

time to get it.

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If it has a fence around it and a no trespassing sign posted, and

or security guards strolling around you can rest assured that it is

indeed private property.

 

<p>

 

If you are not planning on publishing or selling your photos you

have no need of a property release or a model release. Violating

someone's right to privacy by trespassing on their property is a

different matter entirely.

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If it has a fence around it and a no trespassing sign posted, and

or security guards strolling around you can rest assured that it is

indeed private property.

 

<p>

 

If you are not planning on publishing or selling your photos you

have no need of a property release or a model release. Violating

someone's right to privacy by trespassing on their property is a

different matter entirely. You might want to ask the owners

permission before you make a photograph of their property

however as it is just simple good manners to do so.

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Raven,

 

<p>

 

This doesn't really answer your question, but there is a good

discussion of property release forms & law at

http://www.pdn-pix.com/businessresources/modelrelease.html

 

<p>

 

What I've been trying to figure out is if I need a model release form

for photographs that depict people in public places when the photos

are not being used for advertising or packaging or calendars or

greeting cards and do not portray the individuals in a negative way

but are being displayed as fine prints for sale in a gallery. If

anybody can answer this question I'd be grateful! My searches on the

web have not answered this question for me.

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Erik,

 

<p>

 

The people who can best answer this are gallery owners. My

curent understanding is that if the photos are contemporary, the

gallery owners do want to know that personal releases are

available. Generally speaking however if you are asking about

images involving crowds of people this may not be necessary or

practical.

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Erik,

Taking pictures of people in public places does not violate any laws.

The way you intend to use your pictures has a lot to do with federal

and state laws. Basically the federal law says that you do not need

property releases and model releases if your pictures are used for

news paper/magazines and educational purposes (i.e. text books).

Beyond these two categories, you'd better have your property/model

releases signed and ready for inspection. State laws vary a lot,

really depanding on your local state. Your best bet is to consult an

IP attorney in your area. The laws are complicated, and their

implementation is even more confusing. For example, if you use your

pictures in a book "How to Use Large Format Wooden Cameras", you

probably do not need any releases. However, if you use the very same

pictures in another book "Erik Ryberg Photography", you then need to

have all property/model releases applied to every single picture used

in your book (unless you have a very good IP attorney speciallizing in

photo art work area)! If your work is sold through an art gallery,

then they should take care those legal matters. They might still ask

you for property/model releases. Hope this helps.

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  • 1 month later...

If the fence has a hole in it the security guards asleep and i know

theres a good shot there im in. I spend as much time trying to

decipher the hidden meaning in no trespassing signs as i do under the

cloth figuring the composition. sometimes you just know that you get

away with shooting sometimes you know you cant. i get thrown off of

property every other shoot but people are generally nice about it.

you just have to use common sense and hope luck is on your side.

besides its adventurous (i know spelled that funny).at some you just

have to take a chance and shoot.-J

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