Dear Helen, Since I have been messing with photography and pictures
for the better part of over 50 years, --groan, didn't realize it was
that long.....Here's my suggestions for when you need permission and
when you don't, regarding taking photos.
1) a building from a public viewpoint (such as the road outside)
Shoot all the pictures you like.
2) a building from within its grounds
Shoot all you like if it is a public building. If it is private
property, get permission.
3) an object within the grounds of a property (such as a statue,
fountain, garden ornament, whatever)
Again, public property, shoot away, if private property, get permission
4) something within a building (lace, architecture, painting,
furniture, whatever)
Is it a museum - get permission. They may ask that you not to use a
flash, and you probably will be told that the pictures can be for
your private use only - in other words, you can not profit from the
picture. You can put it on cards, frame it, put it on a t-shirt,
whatever, but you can not sell the image.
If it is a public building, shoot away. If it is a government
building, they may say no photos,such as in a court house. If it is
in a legislature room, and the politicians are in session, probably
can't take pictures, or at least if you can, no flash, but make a
point to find out before you start shooting.
In each scenario (if the answer is different) what can you legally
do with that photo? Again, here are some things you may want to
do, in case there are different answers:
1) Publish it on your own website -
Probably, if has recognizable people, see below. Will you be selling
the photo from your website, then see above as to when you can take
a picture and sell it and when you can't.
2) Publish it in a magazine or book
Good luck selling it first of all. If it is your image, you own the
negative and therefore own the copyright, and you have the necessary
waivers all signed and the magazine wants your image, no problem.
3) Give it away as prints, postcards, pictures, whatever
Yes, see above
4) Sell it (as above)
Depends on what it is, see above.
5) Turn it into something else (e.g. jigsaw puzzle, t-shirt
embellishment, cross-stitch pattern) for your own use, to give away
or to sell
Your own use, yes, give away, yes, sell, see above.
Oh, and let's assume that you were legally in the place where you
took the picture and that photography was allowed!
Depends on where you are and what is the photo you have taken.
Photography may be allowed for your personal use, but you may not
make a profit from it, such as in a museum. Now if you have some
lovely photo's for instance, of some Remington or Russell statues or
paintings from the Amon Carter Museum, and you are going to publish
them in a book, you must go to the museum and get permission.
Probably it will cost you a donation. If you don't get permission,
they can and will get a chunk of your profit one way or another. If
it is a street scene, don't need anyone's permission unless people
are involved, see below. At Copper Square in Phoenix, Az there are a
number of statues hanging out by the sidewalk. They happen to be
nude women. You can take their picture, and do what you like with
them, as they are public property. (Owned by the city, I believe.)
So you can put them up on your website, make cards or t-shirts or
framed pictures and sell them, or not, as you choose.
You can go to a sports event and take pictures and sell them. You
can shoot a parade, you can go to a park and take pictures of
scenery, You cannot stand in your backyard and take a picture of
your neighbor in her/his bikini and then sell the image without her/
his permission if they are recognizable. It if does not show the
face, as in a view from the back, you don't need their permission.
I would really appreciate knowing what people think is the answer
(s) ...
One scenario you have not brought up which is probably more important
than the above all put together and that is people. If you take a
picture of a person and that person is recognizable by anyone who
knows them, then you MUST get a signed waiver/permission to publish
their likeness. If it is a child, then you must have either a parent
or guardian sign the waiver. That would include making cards,
putting the image up on your website or anywhere on the internet, and
it doesn't make any difference if you are making money from it or
not. You can not publish a private citizen's image with out their
permission. If you take a photo of for instance a movie star or
politician, they are considered "public property" and you can
publish their image or sell it to a newspaper or magazine without
their permission.
If you have taken an image that is NOT private property and is NOT a
private citizen, and there is NOT a copyright owned by someone else,
than you can pretty much do what ever you want to with your image.
Keep in mind that a building might be open to the public but it isn't
necessarily a building owned by the public.
A word about your negatives, either film or digital. If you took the
picture, you own the copyright. If you sell an image, you do not
also sell the negative unless that is agreed to in the transaction.
You may make as many copies of your negative in as many different
sizes as you want to. You may choose to number them and only sell a
certain number, such as 500 signed copies of an 11x16 size. then you
can continue to sell that image as a different size, say 500 of 4x6.
If you say it is a limited number of images being printed in
various sizes, when you have reached your limit then you must retire
the image. You may publish it in any form you choose, you may sell
it, you may throw it away, you may archive it, what ever you want to
do with it, you are the owner.
Thanks in advance,
As for any object that has a copyright owned by someone else, there
is only one answer, get permission. If they don't give it to you,
don't shoot the image.
I hope this clarifies some instances when you can and cannot shoot
photos as well as publish them or sell the images. If in doubt,
always ask and get signed permission/waiver if there is any chance
you will want to sell your image. There are always the what ifs to
be ruminated on, but mostly if you follow the above, you should stay
out of the court system because of selling an image.
Helen (in rainy Vancouver, BC on the west coast of mainland Canada)
Best Regards,
Carol Melton
Valley of the Sun
Phoenix, AX USA
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