Jill Morgan Posted February 23, 2015 Share Posted February 23, 2015 I was asking a friend of mine of coming out in spring and taking some photos at her farm and would she be willing to sign property releases. She told me they are thinking of selling the farm and asked how that would affect the release for her legally should it be used commercially later on. I had never thought about this. What happens with property you have a release for but is sold? Is the release valid as it was signed by the owner at the time, or would you need to get a new release from the new owner. If used commercially after the property was sold, would they be able to sue and win? Jill Link to comment Share on other sites More sharing options...
spacecadet Posted February 24, 2015 Share Posted February 24, 2015 THere's a microstock site term which says you don't need to worry because the release refers to the ownership when the image was taken. http://de.stockxpert.com/support/help/2_3 Link to comment Share on other sites More sharing options...
TokyoM1ke Posted February 24, 2015 Share Posted February 24, 2015 THere's a microstock site term which says you don't need to worry because the release refers to the ownership when the image was taken. http://de.stockxpert.com/support/help/2_3 It really has to be, doesn't it? If not then you'd have to check your licenses for each image daily, if they had a property release, to see if the property had changed hands. The same might go for a child when they pass 18 and their parent signed a model release... On a different front, does anyone know who owns the copyright of a painting? Link to comment Share on other sites More sharing options...
Lastrega Posted February 24, 2015 Share Posted February 24, 2015 The copyright of a painting belongs to the artist. There is now an extra royalty payment that you pay at auction if the artist is still living or if they have died within the last 70 years, the copyright having passed to their heirs. I believe it applies if the painting sells for more that £1000. If you are buying at auction, you will see RAA next to the lot in the catalogue. See: http://www.dacs.org.uk/for-artists/artists-resale-right/frequently-asked-questions#FAQ201 edit: Artist's Resale Right is the term for the above - this is additional to the copyright owner being able to charge for licensing any image of the artwork. I think it applies to visual artworks, so would include photographs? Link to comment Share on other sites More sharing options...
Niels Quist Posted February 24, 2015 Share Posted February 24, 2015 About copyright of art: http://www.nolo.com/legal-encyclopedia/copyright-ownership-rights-29953.html The Little Mermaid sculpture in Copenhagen is an example of heirs owning the copyright 70 years after the death of the artist - and fighting obstinately: http://piratetimes.net/copyright-preventing-public-statue-from-appearing-in-media/ http://www.thelocal.dk/20140816/denmarks-iconic-symbol-that-we-cant-show-you A great example of why you should tick the correct boxes when annotating your images and state that the image contains property that would need a release and you don't have it. Simply the photographer's protection.... I don't understand how images of the Little Mermaid still can be sold as RF - even at Alamy - but especially at microstock... Link to comment Share on other sites More sharing options...
Sultanpepa Posted February 24, 2015 Share Posted February 24, 2015 My understanding for the original question is that the property release stays in force. However the sellers should disclose this when selling and obviously this could affect price or indeed sale completion. Not to disclose could lead to litigation against the seller later. That's my understanding anyway. Link to comment Share on other sites More sharing options...
TokyoM1ke Posted February 24, 2015 Share Posted February 24, 2015 My understanding for the original question is that the property release stays in force. However the sellers should disclose this when selling and obviously this could affect price or indeed sale completion. Not to disclose could lead to litigation against the seller later. That's my understanding anyway. That makes a lot of sense... I'll bet a few forget that one though! Fascinating once you start delving into the practicalities. Link to comment Share on other sites More sharing options...
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