When you say that it was taken from outside her property fence do you mean you were standing on public property? When you say you have it for sale what do you mean? Prints are for sale? Licensing is available?
Pets do not have the same rights as humans when it comes to publication. If you were in fact on public property when you took the shot then you were well within your rights to take the picture. Of course she gave you permission anyhow so for me that is not an issue.
The biggest issue I see is your relationship with the woman. Is this a friend or relative? If yes it would be more about keeping the relationship a good one. An image of a dog probably isn't worth losing a friend or relative in the process. Of course you are under no obligation to allow her to use the image but if that is all it takes to keep her happy then why not.
In general you are allowed to take any image when you are standing on public property. The only time you can not (other than very specific military and nuclear sites) is if you are photographing a person who has a legitimate expectation of privacy.
Scott
Scott Sharick Photography
www.scottsharickphotography.com
www.scottsharickblog.com
www.flickr.com/photos/scottsharick/
On Jun 27, 2011, at 10:44 AM, Workingintheusa wrote:
> This is a new one for me and I have been a professional photographer for 20 years. Your feedback is appreciated.
>
> I was visiting a person whom had "dogs" (not people, not children, not a building, house etc). I asked if I could photograph her dogs. She said yes.
>
> Now that I have created a pretty awesome photograph with texture layers and a bunch of photoshop work (just the animal, no signs building etc)that is available for sale on my website she is saying that this is a property ownership issue. She states that doesn't have an issue with me selling images of her animal, but that someone else might have legal issues with me if they don't want their "property" exposed.
>
> In closing, she wants the rights to use the photo for her own business and personal usage. (giving me credit)
>
> I guess I am just a bit freaked out that she has brought this up at all especially when she granted me permission. (she states that she did not know my intention when she granted the permission)
>
> And by the way, the photo she is "upset" about was actually taken from outside her property fence.
>
>
>
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