Quick legal question re. photography... | FerrariChat

Quick legal question re. photography...

Discussion in 'Creative Arts' started by jordan747_400, Jul 7, 2005.

This site may earn a commission from merchant affiliate links, including eBay, Amazon, Skimlinks, and others.

  1. jordan747_400

    jordan747_400 F1 Veteran
    Lifetime Rossa

    Dec 9, 2002
    6,928
    Houston, TX
    Full Name:
    Jordan
    If I were to sell a few photos Ive taken at Crystal Cove, other car shows, and Ferrari club driving events, etc, would I need to get the permission from the owner of whatever car I photographed? Or would just blacking out the license plate or any other identifiable registration be enough? What if people were in the background of the photos...would I need to get their permission as well?

    What other legal considerations might I take if I were going to look into doing something like this?
     
  2. 134282

    134282 Four Time F1 World Champ
    BANNED

    Aug 3, 2002
    40,647
    California
    Full Name:
    Carbon McCoy
    If i take a picture of Britney Spears, naked, on a yacht, in the middle of the Mediterranean...

    ...The Enquirer will pay me BIG money for that... So, no, i don't think you need anyone's permission... But i'm not a lawyer and i only stayed at an Inn Town Suites last night - i don't know of any Holiday Inn Express in the area... :)
     
  3. CMY

    CMY F1 World Champ

    Oct 15, 2004
    10,142
    Redondo Beach, CA
    Full Name:
    Chris
    As far as photographs go (I know video is somewhat different) if you take the picture in a public space, you 'own' the image and can therefore do whatever you'd like with it.. Hollywood paparazzi have absolutely no problem doing this on a daily basis.

    Out of consideration to the owners, I'd block out the plates.
     
  4. GrigioGuy

    GrigioGuy Splenda Daddy
    Lifetime Rossa Owner

    Nov 26, 2001
    29,549
    E ' ' '/ F
    Full Name:
    Trailer Swift
    Holiday Inn Express Hotel & Suites
    ATLANTA-NORTH AVENUE
    244 NORTH AVENUE, NW
    ATLANTA, GA 30313
    UNITED STATES
    1-404-8810881

    Holiday Inn Express Hotel & Suites
    ATLANTA / BUCKHEAD
    505 PHARR ROAD
    ATLANTA, GA 30305
    UNITED STATES
    404-262-7880

    Holiday Inn Express Hotel & Suites
    ATLANTA-EMORY UNIVERSITY AREA
    2183 NORTH DECATUR RD.
    DECATUR, GA 30033
    UNITED STATES
    1-404-3200888

    Holiday Inn Express
    ATLANTA/VININGS
    1200 WINCHESTER PARKWAY
    SMYRNA, GA 30080-6541
    UNITED STATES
    1-770-3339910


    Holiday Inn Express Hotel & Suites
    DECATUR-I-20 EAST (PANOLA RD)
    5300 SNAPFINGER PARK DRIVE
    DECATUR, GA 30035
    UNITED STATES
    1-678-4180004

    Holiday Inn Express
    COBB GALLERIA CTR-COBB PKWY
    2855 SPRING HILL PARKWAY
    SMYRNA, GA 30080
    UNITED STATES
    1-770-4354990
     
  5. Fan512bbi

    Fan512bbi Two Time F1 World Champ
    BANNED

    Mar 25, 2004
    20,938
    Wales-UK
    Full Name:
    Steve.
    This is a toughie, i would have thought that if the owners of these cars and the people looking at them were at a public event then it would be almost certain that they knew that their photos would be taken, plus i believe that if you have to pay to enter a show then you have the right to take photos of anything that you desire, even photos of NNO naked on a yacht :)
     
  6. GrigioGuy

    GrigioGuy Splenda Daddy
    Lifetime Rossa Owner

    Nov 26, 2001
    29,549
    E ' ' '/ F
    Full Name:
    Trailer Swift
    It's been a while since my photojournalism classes, but basically, if it's in public it's fair game.
     
  7. Brianjonesphoto

    Brianjonesphoto Formula Junior

    Dec 2, 2003
    268
    Seattle Wa
    Full Name:
    Brian Jones
    Jordan Who are you planning on selling the photos to and what is the usage? If its just selling prints to the car owner I wouldn't worry about it. If you are trying to submit them to a stock agency or other commercial uses you need a property release for the car, and the location. If there are any people in the photo that are recongizable (sp?) you need a model release for them too.

    When taking photos in public everything is fair game, until you try to make money from it. You may own the copy right to the photos, but it do not have the rights to sell the likeness of things in the photo without a release. Did you know that in most major cities you have to get releases for landmark building in a commercial shot?
     
  8. jordan747_400

    jordan747_400 F1 Veteran
    Lifetime Rossa

    Dec 9, 2002
    6,928
    Houston, TX
    Full Name:
    Jordan
    Thanks for the reply...It would be something along the lines of a website dedicated to automotive photography which photographers could upload their photos to a mass database from which anyone can search through and purchase prints.
     
  9. 134282

    134282 Four Time F1 World Champ
    BANNED

    Aug 3, 2002
    40,647
    California
    Full Name:
    Carbon McCoy
    LOL, there's always a wiseass in the group...

    ...although the one on Pharr road is closer than i'd imagined... i like Pharr Road... Does anyone know why...? :)
     
  10. Brianjonesphoto

    Brianjonesphoto Formula Junior

    Dec 2, 2003
    268
    Seattle Wa
    Full Name:
    Brian Jones
    That whould be a situation you would want to cover yourown ass and make sure you have all of the proper releases. you could do it without, since the likely hood of having problems is low, but remember the car owner most likely have deeper pockets than you and they can afford to find you on principle alone.
     
  11. dm_n_stuff

    dm_n_stuff Four Time F1 World Champ
    Lifetime Rossa Owner

    there are diffent rules pertaining to people and property in photographs, but basically, without a release, or permission of the manufacturer or owner of the property involved, you are in violation of the law.

    Guidelines when Publishing Photographs of Individuals

    Because there are many nuances to the right of privacy and publicity laws it is advisable to always obtain a written release from any individual that would be recognized in a photograph.

    Obtain a release ...in the event that you may want to use the individual's photograph for other trade or commercial uses.

    Don't forget that if the individual is a minor, you will need parental or guardian consent.

    Make certain you caption the photograph correctly.

    Be careful when cropping a photograph that you do not alter the context in which the photograph was taken.

    If you decide to use a photograph without a release make certain it was obtained without trespassing on private property, that it does not violate an individual's right of privacy or publicity or that it is protected by a First Amendment use.

    Releases are generally not required from people who are identifiable in a photograph of a street or public place, provided that the photograph is reasonably related to the subject matter and the identifiable people are not the focus of the photograph. An example of a permitted use would be a photograph of the Rockefeller Center Ice Rink that was used to illustrate a book about Rockefeller Center or about New York City attractions, even though many people may be identifiable.

    Photographs of Property

    The guiding principle, that of course is muddled with exceptions, is that as long as a photograph of private property is taken while the photographer is on public property or on property that is open to the public then it is permissible to publish that photograph without permission from the owner of the property.

    However, there are exceptions where it may be necessary or advisable to obtain permission from the owner of the property. These exceptions may include among others, a photograph of (i) artwork displayed in a museum, gallery or other location, (ii) a well-recognized product, such as a Harley-Davidson motorcycle, where the manufacturer has been litigious with respect to commercial uses of photographs containing their product,

    releases are critical to maiking sure you don't get into trouble. Even with a release, my experience with Ferrari in this matter is they don't object to the use of their cars in pictures as much as they object to the use of their logo and type faces. So, if you shoot a Ferrari, and want to sell the image, try to catch an angle where the logo is not legible.
     
  12. chrlsstyles

    chrlsstyles Formula 3

    Jun 29, 2004
    1,154
    Because Pharr is the first 5 letters of the first name of the owner of 134282?
     
  13. LetsJet

    LetsJet F1 Veteran
    Owner

    May 24, 2004
    9,334
    DC/LA/Paris/Haleiwa
    Full Name:
    Mr.
    BJP gave you good info............... I'd pass on trying to make money on photos w/o the owners of the cars permission including anyone recognizable in the photos. The exception to the rule is take pictures of people in the public eye, like hollywood types. They actually have less rights to privacy then a normal citizen.

    I know if it was a picture I was in, I would not be happy unless I gave consent..............not that anyone could make money off my ugly mug...
     
  14. jordan747_400

    jordan747_400 F1 Veteran
    Lifetime Rossa

    Dec 9, 2002
    6,928
    Houston, TX
    Full Name:
    Jordan
    This is all good information, thanks for your help everybody!
     
  15. GrigioGuy

    GrigioGuy Splenda Daddy
    Lifetime Rossa Owner

    Nov 26, 2001
    29,549
    E ' ' '/ F
    Full Name:
    Trailer Swift

    Because it's not near?
     
  16. 134282

    134282 Four Time F1 World Champ
    BANNED

    Aug 3, 2002
    40,647
    California
    Full Name:
    Carbon McCoy
    WINNER...!!!


    Sorry, Tillman, Chris is far more in tune with my insanity than you are... :D
     
  17. venusone

    venusone F1 Rookie

    Mar 20, 2004
    3,238
    #17 venusone, Jul 7, 2005
    Last edited by a moderator: Sep 7, 2017
    Photos taken in a "public place" are supposedly free of obligation. Now, is Amelia Island or whatever Cove a “public place” or “private property’? I exclude any faces from the photo in the 1st place, unless its Paul Newman, etc. & go for the signed release later if needed. If you want to sell prints taken from these events , you might want to find an attorney.
    Image Unavailable, Please Login
     
  18. chrlsstyles

    chrlsstyles Formula 3

    Jun 29, 2004
    1,154
    So he does own it? BTW, have you recovered from the last PM i sent you.
     
  19. 134282

    134282 Four Time F1 World Champ
    BANNED

    Aug 3, 2002
    40,647
    California
    Full Name:
    Carbon McCoy
    That's what everyone said in a thread about it, in the Supercar Forum a few months ago... No one would tell me where they got the information, but that's what they said...
     
  20. ryalex

    ryalex Two Time F1 World Champ
    Consultant Owner

    Aug 6, 2003
    24,979
    Las Vegas, NV
    Full Name:
    Ryan Alexander
    Yes, we know you met Paul Newman. Give it a rest.
     

Share This Page