Pets?

[roman_thorn]

do i need a release if I photograph someones dog on the beach? I may want to

use it for promotional reasons.

[mikael_karlsson]

It never hurts to have a release from the owner, but if you need one or not will depend on the

usage of the image(s) and what the rules are where you live.

[argv]

Pets have no rights of privacy and publicity. Only people do. The fact that people own pets is entirely irrelevant. "Property" can only be protected through trademark and copyright registrations. And violation of trademarks and copyrights is not simply the mere portrayal of a photo of the item in question--the use of the photo has to meet certain (specific) criteria that's pertinent to the nature of the item itself. I realize that sounds vague, but it's much more easily understood when you have some basic background information.

 

As for the statement "it never hurts to have a release from the owner", that is not necessarily true. Attempting to get releases in situations where none is necessary can trigger a scenario where the question can be raised as to whether privacy laws can apply. In open public spaces, like the beach, you don't need a release, nor do you need to ask for one. However, the moment you engage with someone about the subject of taking their pictures, they are then part of what *could* be considered an "orchestrated session," in which case, the person may now have certain rights of privacy that didn't exist before you asked. Granted, this might be hard to argue successfully in court because it largely depends on the depth in which your engagement in the orchestration takes place, but it wouldn't even get that far had you simply left well enough alone.

[Damon DAmato]

Dan, your presence here is greatly appreciated.

 

Thank you,

Damon

[roman_thorn]

All I have to say is WOW!

[alexie_jenkins]

I second the "WOW!" I've never encountered this situation but good to know!

[marketphotography]

If you think that Dan?s response is informative and helpful, you should read his books. They all are good, but, my favorite is ?How to Make Money With Digital Photography.? It?s a great read and it answered many photography questions that I had. Also, his website is full of great info about the business of photography (in the real world). Just like his response about a release for a pet is valuable information, so is the info in his books and on his website.