Right to sell a Photograph

 
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Jason G.
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Joined: 10 Mar 2006
Posts: 3
Location: Los Angeles

PostPosted: Fri Mar 10, 2006 7:34 pm    Post subject: Right to sell a Photograph Reply with quote

I was recently contacted by the owner of a business who wants to use one of my photographs. It is a photo of a sleeping security guard I took inside the Union Station in Downtown. As with most of my photographs I take them without the intent of profit, so I never bother with release forms ( I don't think he would have signed anyways). My question was in regards to the legality of selling the right to use such a shot. Does the Union station count as public property, or is it private? Would the security guard have a case? Also, the photo would be used to help sell security systems, versus the security guard, and might possibly start some controversy. What do you suggest?

Here is the link to the photo:
http://www.cinematographic.net/photoblog/archives/2004/08/sleeping_securi.html[/url]
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Bob MacDonald
Supreme Old Fart


Joined: 09 Mar 2006
Posts: 37
Location: Idaho

PostPosted: Fri Mar 10, 2006 10:45 pm    Post subject: Photo rights Reply with quote

Wow...Jason, great shot! I'm not an attorney and I think you would be best served by contacting one....
www.photoattorney.com

She has posted here on the Forum once, and would probably advise you not to sell the photo, as the intended usage is for advertising. If model releases are needed anywhere it's advertising use!!!

I'm really not sure if that station is public or private, but; some others from CA may be able to advise you.
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len_whistler
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Joined: 08 Mar 2006
Posts: 39
Location: Vancouver BC Canada

PostPosted: Fri Mar 10, 2006 11:21 pm    Post subject: Re: Right to sell a Photograph Reply with quote

Jason G. wrote:
Also, the photo would be used to help sell security systems, versus the security guard, and might possibly start some controversy. What do you suggest?


My advise would be to re-shoot with a model. I can't imagine the security guard and his company to give permission for use like that.

PS...very nice shot.
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lekke
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Joined: 09 Mar 2006
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Location: Zagreb, HR

PostPosted: Sun Mar 12, 2006 7:24 pm    Post subject: Reply with quote

Yeah nice shot.

You might also want to consider if this photo becomes popular, it could not only get the security guard in trouble, but also open up a chance for a lawsuit

re-shooting with a model sounds like a great idea.
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Jason G.
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Joined: 10 Mar 2006
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Location: Los Angeles

PostPosted: Wed Mar 15, 2006 6:54 pm    Post subject: Reply with quote

Thank you all for the replies. I decided that I wouldn't sell the photograph afterall. I didn't think what little I could charge would make up for the problems it could potentially bring as well as it being a bit mean towards the guard in the first place.
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