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Copyrights and usage question
Old 05-02-2004, 06:40 PM   #1 (permalink)
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I took some photos at a local balloon race event, really just for personal enjoyment and practice. It got me wondering what the legality is of these images beyond just looking at them and showing friends.

What if I wanted to make a poster or postcard, or some other commercial use? Would I need a property release from the balloon owners or any other sort of release? I'm sure this scenario would apply to anything shot in a public area...in this case, the sky.

Thanks!
Dale




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Re: Copyrights and usage question
Old 05-03-2004, 12:09 AM   #2 (permalink)
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[ QUOTE ]
I took some photos at a local balloon race event, really just for personal enjoyment and practice. It got me wondering what the legality is of these images beyond just looking at them and showing friends.

What if I wanted to make a poster or postcard, or some other commercial use? Would I need a property release from the balloon owners or any other sort of release? I'm sure this scenario would apply to anything shot in a public area...in this case, the sky.

Thanks!
Dale

Ok...I have a few questions for you.... were there any restrictions for photography at the event it's self? Where were you in relation to the event? Do you have the contact information of the producer of the show?

I did a similar type of show several years ago...but I was shooting for the chamber of commerce and the pictures were going to be used for their promotions...it wasn't like I was going to sell them in the form of posters on my own.. The common practice is to not shoot one that has a commercial image on it...like Mickey Mouse.....or what ever they have them look like...in your images because those things are ® and that would turn into a big mess...but I didn't see that sort of thing in the images that you showed me.....(by..glancing at them).. If I was in your showes, and wanted to make a commercial product out of them...like a calendar...or like one of thise inspirational posters...I'd get in contact with the producer of that show to see if he could name the owners of the balloons....which shouldn't be all that dificult...then I'd have fill out a property release....and give them some thing that would make them happy......so they forget about you after that..

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Old 05-03-2004, 07:15 AM   #3 (permalink)
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about 12 yrs ago a photo I shot in Colorado Springs during one of those balloon "races" where they were over a lake with Pikes Peak in the background at sunrise was used for a calendar cover. No releases were needed because it was a public event and no company logos were visible.

if you want to be absolutely sure about what to do in your case get legal counsel...
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Re: Copyrights and usage question
Old 05-03-2004, 01:41 PM   #4 (permalink)
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I am a lawyer, but this is not legal advice. Write me a check, you'll get legal advice.

Those balloons are almost certainly copyrightable works of art and commercially exploiting them could get you in hot water. I'd get a release. Perhaps the people who run the event get a blanket release from participants so they can use photos of the event. You might ask if they can do sublicensing or collective clearance.

Depending on the balloon, some of them might also be considered trademarked or to comprise protectable trade dress, although that wouldn't be as big a problem as copyright infringement in this case.

M
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Re: Copyrights and usage question
Old 05-03-2004, 08:14 PM   #5 (permalink)
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[ QUOTE ]
I am a lawyer, but this is not legal advice. Write me a check, you'll get legal advice.

Those balloons are almost certainly copyrightable works of art and commercially exploiting them could get you in hot water. I'd get a release. Perhaps the people who run the event get a blanket release from participants so they can use photos of the event. You might ask if they can do sublicensing or collective clearance.

Depending on the balloon, some of them might also be considered trademarked or to comprise protectable trade dress, although that wouldn't be as big a problem as copyright infringement in this case.

M

[/ QUOTE ]

There you go! ...the input from a professional who knows what he is talking about! I was close....but close is as good as the losing score in a ball game.. [img]/ubbthreads/images/graemlins/wink.gif[/img] it just doesn't cut it!

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Re: Copyrights and usage question
Old 05-03-2004, 09:56 PM   #6 (permalink)
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Thanks to everyone for the input. I'll check with the event sponsors and see if they have a blanket release or the names/contacts for the balloon owners. I kind of figured I wouldn't be able to do anything with the images, but thought I'd ask just to see.

Dale
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Re: Copyrights and usage question
Old 05-04-2004, 01:29 AM   #7 (permalink)
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I just have to chuckle because I can just see someone right now downloading YOUR images to use on their website with no thought or concern for what this thread is addressing. [img]/ubbthreads/images/graemlins/laugh.gif[/img]

BUT THAT"S ANOTHER THREAD ALTOGETHER! (and lets not start that again)

Greg
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