Do I need a property release for an 18th century tombstone?

[niki72]

I have a picture of an old tombstone, dating back to 1742. Do I need a property release for a gravestone this old? I took the picture while standing on a public street. Thanks.

[AndrewP]

A property release is only required when the publication of the photo has an implied endorsement of the product or service being advertised. If a funeral company uses the tombstone in an advert then there is implied endorsement of the deceased person with the funeral company - a PR is required. If a magazine is writing  an article about the origins of a village then a PR would not usually be required.

[Phil Crean]

2 minutes ago, AndrewP said:

A property release is only required when the publication of the photo has an implied endorsement of the product or service being advertised. If a funeral company uses the tombstone in an advert then there is implied endorsement of the deceased person with the funeral company - a PR is required.

Good luck getting a property release from a corpse🤪

Phil

[AndrewP]

2 minutes ago, Phil Crean said:

Good luck getting a property release from a corpse

I know! But, the tombstone could still be 'owned' by the descendants and if it's in a churchyard then they would want a say too.

[Phil Crean]

2 minutes ago, AndrewP said:

I know! But, the tombstone could still be 'owned' by the descendants and if it's in a churchyard then they would want a say too.

Correct!!! But I couldn't resist 😁

Phil

[niki72]

5 hours ago, David Pimborough said:

No you don't at least in the UK where Alamy is based and certainly not for something that old.

 

However I believe in the USA grave stones are classed as property.

 

As for other countries who can say.

 

But you need to give more clues otherwise this is just a guessing game like whose tomb where and so on.

It is an old tombstone that was in a tiny plot next to a church in Boston, USA. Name of the deceased and date of death (29th of February 1739) are clearly visible. Other than the tombstone no other indication of property are in the picture. I don't remember the name of the church or the exact location but remember that it was visible and freely accessible from the public sidewalk.

[geogphotos]

Ask Alamy.

[M.Chapman]

6 hours ago, niki72 said:

I have a picture of an old tombstone, dating back to 1742. Do I need a property release for a gravestone this old? I took the picture while standing on a public street. Thanks.

Is the tombstone recognisable and does it belong to someone? If the answer to both is yes, then I suggest the correct answer to the question

"Is there any property in the image" in Alamy Image Manager should be Yes. Alamy no longer ask the question "Does the image contain any property that requires a release", so there's now no need to make potentially complex judgements which may vary by country. Keep it simple, Property = Yes, Release = No.  Don't worry about having a release, the image can still be uploaded and sold for Editorial use.

 

Mark

[spacecadet]

8 minutes ago, M.Chapman said:

there's now no need to make potentially complex judgements

Erm.............see new contract!

[M.Chapman]

47 minutes ago, spacecadet said:

Erm.............see new contract!

 

Well yes. I was ignoring that in the hope that Alamy will come to their senses. If they don't, then it becomes more financially risky to upload any images containing recognisable property or people and it will make little difference which boxes are ticked (apart from helping win the case eventually, providing you can stand the financial costs of getting to court in the first place).

 

Mark

[spacecadet]

5 minutes ago, M.Chapman said:

in the hope that Alamy will come to their senses.

The days of James West actually listening to contributors and, by and large, keeping his word, are over. That post from Alamy on Friday evening read very much like the final word. Even with a fairly uncontroversial port, I will be crossing my fingers from hereon in.

Alamy income is rapidly declining as a percentage of my income- so far this year it's at 8%- so no great loss, except for the practice. I'll probably stick around for the larfs.

Edited May 24, 2021 by spacecadet

[John Mitchell]

40 minutes ago, M.Chapman said:

 

Well yes. I was ignoring that in the hope that Alamy will come to their senses. If they don't, then it becomes more financially risky to upload any images containing recognisable property or people and it will make little difference which boxes are ticked (apart from helping win the case eventually, providing you can stand the financial costs of getting to court in the first place).

 

Mark

 

Just curious, what do you consider "recognizable property" to be? This has always confused me.

[M.Chapman]

50 minutes ago, John Mitchell said:

 

Just curious, what do you consider "recognizable property" to be? This has always confused me.

Something someone (or some company) could look at and say "hey that's my property or design"??

 

Mark

Edited May 24, 2021 by M.Chapman

[John Mitchell]

1 minute ago, M.Chapman said:

Something someone (or some company) could look at and say "hey that's my property or design"??

 

Mark

 

Wouldn't that include all built structures? "Hey, Buddy, that's my outhouse in your photo!"

[M.Chapman]

49 minutes ago, John Mitchell said:

 

Wouldn't that include all built structures? "Hey, Buddy, that's my outhouse in your photo!"

I'd say yes.

https://www.alamy.com/contributor/how-to-sell-images/model-property-releases-stock-images/

 

But it quickly becomes a grey area. For example is recognisable property the main focus of the image? City skylines from a distance shouldn't need a release, but I tend to keep it simple. Property = Yes, Release = No (unless of course I have one)

 

Mark

Edited May 24, 2021 by M.Chapman

[John Mitchell]

32 minutes ago, M.Chapman said:

I'd say yes.

https://www.alamy.com/contributor/how-to-sell-images/model-property-releases-stock-images/

 

But it quickly becomes a grey area. For example is recognisable property the main focus of the image? City skylines from a distance shouldn't need a release, but I tend to keep it simple. Property = Yes Release = No (unless of course I have one)

 

Mark

 

Yes, it can quickly get ridiculous. "Hey, Pal, that's my dog's rear end in your photo!"