Brian and Tim, Thanks. I will look into those websites. Today I spoke with a lawyer who is very experienced with photographic book contracts, and also read another book on the subject. Brian, you'll see from my original question that I am not worried about copyright. (However, artworks like photographs and buildings designed by architects are inherently copyrighted without being registered, in the sense that another person cannot claim that work as his own. A photograph of a building does not fall afoul of that.) I am, however, worried about some all-encompassing language about privacy rights in the Warranty clause of my contract .
It seems pretty clear to me after all my research that the publisher will not change a word of his indemnity clause because his own liability insurance is based on it. Therefore, I have to make sure I am covered by obtaining releases, at least for those properties where I was not standing on public property. It does make a difference where you were standing because (the lawyer tells me) if you have only photographed what anyone can see with his own eyes passing by on a public street, there is no privacy issue. Makes sense to me.
Obviously it is better for me to have all the releases, then we wouldn't be having this discussion. But as I stated above, I can't get them all. I photographed thousands of houses for my book "Fifty Houses,", not knowing which fifty I would choose, and did not want to try to get releases every time. (As you all know, that taints the new relationship between photographer and subject/owner and makes it hard to gain their trust.)
BTW, today I also talked to a photographer who published a book of photographs of buildings for the same publisher I have. He did not get a single release, and he has not (yet) been sued or threatened.
I'm gonna sign the thing, but work hard to get the remaining releases. I do have a release for the cover photograph (the cover is construed as advertising for the book) and for a few where I stood on private property.
Cheers, Sandy
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