Jump to content
Starsphinx

Do I need a property release for landscape/buildings

Recommended Posts

I am just looking to double check that except for rare specific buildings no property release is needed for landscape type pictures of houses/towns/villages.  I have taken a few pictures from high places looking out over towns - you have churches houses roofs streets etc.    There are also visible but tiny cars, posters etc.  

Share this post


Link to post
Share on other sites

I don't have property releases for anything. Because almost everything in the world belongs to someone, I just mark all my pics as needing a property release but not having one.

 

Alan

Share this post


Link to post
Share on other sites

You need property release for every building or vehicle in the shot. Like Alan, most of mine are listed as "contains property" and "no release available". Only pure nature photos can be labelled as having no property. 

Share this post


Link to post
Share on other sites
16 minutes ago, Colin Woods said:

You need property release for every building or vehicle in the shot. Like Alan, most of mine are listed as "contains property" and "no release available". Only pure nature photos can be labelled as having no property. 

Darn, that's a pain - I am guessing it is to cope with international law as I know in the UK if a building is visible from public property and is therefore permanently on display or some such then property release is not needed even if using the image commercially.

Share this post


Link to post
Share on other sites
58 minutes ago, Starsphinx said:

Darn, that's a pain - I am guessing it is to cope with international law as I know in the UK if a building is visible from public property and is therefore permanently on display or some such then property release is not needed even if using the image commercially.

 

That's probably absolutely correct. But to be honest I can't be bothered to spend time working out whether any of the property in the picture is prominent enough to warrant a release so I just do blanket coverage. I expect most of my images to be for editorial purposes anyway, and if someone wants to use it commercially they will either take the risk, ask Alamy to contact me, or contact the owner of the building. A few years ago I had a four-figure sale for advertising of an unreleased building that was the main focus of the picture so clearly the publisher found a way to use it as they wanted.

 

Alan

  • Like 1

Share this post


Link to post
Share on other sites
19 hours ago, Colin Woods said:

You need property release for every building or vehicle in the shot. Like Alan, most of mine are listed as "contains property" and "no release available". Only pure nature photos can be labelled as having no property. 

 

How about, for instance, close-ups of brick walls? Walls, of course, are property too, but would a release really be necessary in this case?

Share this post


Link to post
Share on other sites
5 hours ago, Thomas Kyhn said:

 

How about, for instance, close-ups of brick walls? Walls, of course, are property too, but would a release really be necessary in this case?

Unless the property can be identified it does not need a property release. I thought the interpretation regarding property releases is that a photo of a building needs property release but if the building is only part of the photo then no release is needed for example each building in a photo of a cityscape does not require a property release.

 

  • Like 1

Share this post


Link to post
Share on other sites
On 19/06/2018 at 14:47, Starsphinx said:

  in the UK if a building is visible from public property and is therefore permanently on display or some such then property release is not needed even if using the image commercially.

I think you may be confusing this with freedom of panorama. Although very unlikely, it's possible that a brand owner could have a case for passing-off if a commercial use falsely implied an endorsement.

Share this post


Link to post
Share on other sites
36 minutes ago, domf said:

Unless the property can be identified it does not need a property release. I thought the interpretation regarding property releases is that a photo of a building needs property release but if the building is only part of the photo then no release is needed for example each building in a photo of a cityscape does not require a property release.

 

 

21 minutes ago, spacecadet said:

I think you may be confusing this with freedom of panorama. Although very unlikely, it's possible that a brand owner could have a case for passing-off if a commercial use falsely implied an endorsement.

See this is where it gets confusing - I have shots that are of my town featuring lots of buildings and a few cars if you zoom in.  All buildings are only parts in the picture and the cars are even more incidental.  There is absolutely no way I can see that any endorsement could ever be implied.  I have them listed no releases and editorial only to be on the safe side but I don't see how property releases could be required.  Image here  P3FXYP

Share this post


Link to post
Share on other sites

Yes, but even so, you can't answer "yes" to the question "do you have property releases" so that's that. It's concievable that the Church of England could object to certain uses, I suppose- the church is not incidental.

Editorial restriction is up to you- I don't do it.

Edited by spacecadet

Share this post


Link to post
Share on other sites

I am still very much feeling my way - I would imagine over time I will develop more understanding.  The problem is (isn't it always) that the theoretical and practical applications of the law can differ.   In theory, the church has grounds - but would it in practice?  And how much of that practice would depend on the lawyers fighting the case?  So I play safe.  I have read elsewhere on the forum that Almay has been known to contact people with editorial images asking for a change in licence so I guess in the highly unlikely case someone wants my picture with a different licence Alamy will let me know.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.