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Do you need consent to shoot at certain locations ?
Old 02-26-2006, 10:18 PM   #1 (permalink)
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Its really nice to take pictures in/at locations/landmarks instead of a back drop or plain old bare walls. Does anyone know if you need written consent from the owner of the property to do this before you can post the pictures?
Shelby
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Re: Do you need consent to shoot at certain locations ?
Old 02-26-2006, 10:34 PM   #2 (permalink)
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It depends on what you're going to do with the images. At the very least, you should get verbal permission from the property owner before you shoot. A written consent is always good if you're going to be somewhere where a police officer, building manager, or other official might wander by and ask what you're up to. Unless you're going to use the image for commercial purposes. Verbal and/or written consent stating you're allowed on premises is all you need.

If you're going to use the images for commercial purposes and the location is easily and/or uniquely recognisable, you need a property release from the owner just like you need a modelling release from the model. If you're photographing in what could be anyone's barn, you don't need a property release. One of the first mistakes I made as a professional was not obtaining a property release for a location I was using. The publication was held up until I drove back out to the owner's property and secured one.

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Re: Do you need consent to shoot at certain locations ?
Old 02-26-2006, 10:38 PM   #3 (permalink)
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[ QUOTE ]
...need written consent from the owner of the property to do this before you can post the pictures?

[/ QUOTE ]

It depends.

IF you are on public property (a sidewalk or street, for example), or property that is publicly available without restrictions (i.e. there's no "No Photography Allowed" signs posted as in a museum, etc.) then you usually aren't breaking any laws in making photographs. Some exceptions are where some cities regulate commercial activities (i.e. you're doing a photo shoot for a paying customer) in public areas (some cities require you to get a permit - some require you to pay a fee).

The question of HOW you can use the images is a different story.

Generally, you can't make commercial use of any recognizable location without permission of the owner. So, if you're just using someone's brick wall, and there's nothing distinctive about it, you should be OK.

But if you're using the images for non-commercial use (editorial, portfolio, etc.) and you're not invading anyone's expectation of privacy (i.e. you didn't stand on the sidewalk and photograph someone's bedroom), you're fine.

(Of course, if you have a legal question, you should always contribute to the standard-of-living fund of your local attorney to get an answer you can REALLY count on [img]/ubbthreads/images/graemlins/wink.gif[/img] )
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Re: Do you need consent to shoot at certain locations ?
Old 02-27-2006, 04:45 PM   #4 (permalink)
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I had an experience while shooting with a model last year at an outdoor shopping and entertainment area. Even though there were many people out that day shooting pictures with there families and friends without any problems, we were approached by the local security people and asked if we had permission and then that we not shoot any more pictures there. They thought that the photos were for retail purposes even though we explained that they were only for her portfolio. Now if I had been shooting with a point & shoot camera instead of a digital SLR they probably wouldn't have even noticed.

Here is one of the photos from that day.


Jim
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Re: Do you need consent to shoot at certain locations ?
Old 03-02-2006, 07:04 PM   #5 (permalink)
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Thanks everyone who responded. Its good info to know. I had done a shoot recently in a recognizable hotel room and there was a bit of trouble that came of it unfortunately. I pulled the pics just to avoid any further grief.
I'll have to keep the shots tighter next time and not expose so much of the room. Anyways thanks again and Jim that pic you posted there was worth any grief you may have gotten. Great shot and stunning model.
Thaks guys
Wylde
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