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Thread: Private property/public domain?

  1. #1

    Private property/public domain?

    How does one know when its private property or public domain? By the way, has an yone had good/ bad situations with property owners when asking them to sign a p roperty release form? Any advise?

  2. #2

    Private property/public domain?

    Just be nice to those private property owners and, usually, you can get through easily. Be careful with model releases, especially with kids under 18, which you need to have parental/guardian releases as well, as required by law in some states if not all. Government property release/permit? It takes a looooooooonnnnnnnnnngggggggggg time to get it.

  3. #3

    Join Date
    Mar 1998
    Posts
    1,973

    Private property/public domain?

    If it has a fence around it and a no trespassing sign posted, and or security guards strolling around you can rest assured that it is indeed private property.

    If you are not planning on publishing or selling your photos you have no need of a property release or a model release. Violating someone's right to privacy by trespassing on their property is a different matter entirely.

  4. #4

    Join Date
    Mar 1998
    Posts
    1,973

    Private property/public domain?

    If it has a fence around it and a no trespassing sign posted, and or security guards strolling around you can rest assured that it is indeed private property.

    If you are not planning on publishing or selling your photos you have no need of a property release or a model release. Violating someone's right to privacy by trespassing on their property is a different matter entirely. You might want to ask the owners permission before you make a photograph of their property however as it is just simple good manners to do so.

  5. #5

    Join Date
    Jan 1998
    Posts
    262

    Private property/public domain?

    Raven,

    This doesn't really answer your question, but there is a good discussion of property release forms & law at http://www.pdn-pix.com/businessresources/modelrelease.html

    What I've been trying to figure out is if I need a model release form for photographs that depict people in public places when the photos are not being used for advertising or packaging or calendars or greeting cards and do not portray the individuals in a negative way but are being displayed as fine prints for sale in a gallery. If anybody can answer this question I'd be grateful! My searches on the web have not answered this question for me.

  6. #6

    Join Date
    Mar 1998
    Posts
    1,973

    Private property/public domain?

    Erik,

    The people who can best answer this are gallery owners. My curent understanding is that if the photos are contemporary, the gallery owners do want to know that personal releases are available. Generally speaking however if you are asking about images involving crowds of people this may not be necessary or practical.

  7. #7

    Private property/public domain?

    I stimulated a discussion on this forum last June or July regarding my photograph of the Fremont Troll in Seattle. I think it would be helpful. Unfortunately I can not find it in the archives. Maybe someone else knows where it is. Also try this sight: http://www.photosecrets.com/p14.html

  8. #8

    Private property/public domain?

    Found it.

    http://hv.greenspun.com/bboard/q-and-a-fetch-msg.tcl?msg_id=003PGT

  9. #9

    Private property/public domain?

    Erik, Taking pictures of people in public places does not violate any laws. The way you intend to use your pictures has a lot to do with federal and state laws. Basically the federal law says that you do not need property releases and model releases if your pictures are used for news paper/magazines and educational purposes (i.e. text books). Beyond these two categories, you'd better have your property/model releases signed and ready for inspection. State laws vary a lot, really depanding on your local state. Your best bet is to consult an IP attorney in your area. The laws are complicated, and their implementation is even more confusing. For example, if you use your pictures in a book "How to Use Large Format Wooden Cameras", you probably do not need any releases. However, if you use the very same pictures in another book "Erik Ryberg Photography", you then need to have all property/model releases applied to every single picture used in your book (unless you have a very good IP attorney speciallizing in photo art work area)! If your work is sold through an art gallery, then they should take care those legal matters. They might still ask you for property/model releases. Hope this helps.

  10. #10

    Join Date
    Feb 1999
    Posts
    76

    Private property/public domain?

    If the fence has a hole in it the security guards asleep and i know theres a good shot there im in. I spend as much time trying to decipher the hidden meaning in no trespassing signs as i do under the cloth figuring the composition. sometimes you just know that you get away with shooting sometimes you know you cant. i get thrown off of property every other shoot but people are generally nice about it. you just have to use common sense and hope luck is on your side. besides its adventurous (i know spelled that funny).at some you just have to take a chance and shoot.-J

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