Once you click the shutter the copyright was yours unless there was a
-written agreement- signed ahead of that instant giving them up. Period.
BK
"It is no profit to have learned well, if you neglect to do well."
--*Publilius Syrus*
J Bryan Krämer North Florida, USA
photos at: http://pbase.com/photoburner
blog at: http://www.photoburner.net
On Mon, Jun 27, 2011 at 16:57, Scott Sharick <ssharick@mac.com> wrote:
> 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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