Re: Selling Stock Photography No Such Thing as Property Rights?

I saw this on another list, interesting info.

Another reason to add to the list.  Many court cases are based on previous rulings/interpretations of the law.
It's possible in another court, maybe another state or level of government, the outcome could be different,
and may go to another extreme of needing them more often.

Richard.

On 9/27/2010 11:46 AM, Fred wrote:

 

This is a very interesting case and unless you are already well versed in such issues I highly recommend that you read this article:

http://www.propertyintangible.com/2010/08/houses-right-of-publicity.html

or...

http://tiny.cc/1lkgw

You may have a right to own and do with what you wish with your property but the property itself does not have rights similar to what a person has.

Most of us, if we are wise, will always get property releases when we photograph a house or other such property even though they are likely worthless in a court of law. Why? Because you do not want to be sued, that's why.

Getting a release is smart on several levels:

1. It makes it likely that the present owner of the property will not sue you because he believes he gave you the right to photograph his property, even though no such right exists.

2. I may be valuable as evidence in court to show that you acted in good faith.

3. It may be useful in convincing the future property owner that you acted in good faith.

4. Stock photography agencies may require property releases for certain types of property.

5. A buyer may not be willing to purchase a license unless a property release is available.

6. It's a simple act of good faith and that is just a good way to do business and to live life, IMO.

Fred Voetsch

Group Moderator - Selling Stock Photography
http://groups.yahoo.com/group/selling_stock_photography/

Owner - Acclaim Images
http://www.acclaimimages.com/

--  ------------------------------------------------------------------------------------- Richard G. Bingham II http://BinghamPhotography.com Richard@BinghamPhotography.com Stock Photography: http://PeopleStockPhotography.com

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