A note from a magazine to "the scene"

If you are really clever, you'll make a paper mache beard.

 

i remember a lawsuit over a photo of a horse that was published in a travel magazine(?), seems the owner didn't appreciate somebody stopping on the road and taking a picture of the horse standing by the fence. it's a litigious society we live in...

 

I'm no lawyer, but I would suspect that ultimately anything visable from a public point can be photographed from that same spot. "If you can see it you can take a picture of it."

If this wasn't true, evey famous person would have grounds to sue every poparatzy (sp?) that took a picture of them. They want to be left alone but there is nothing they can do when they are in a visable location. Except have their picture taken.

 

The topic of what you can and cannot shoot is discussed regularly in photo forums. Here is a link to information that many photographers use:

http://www.krages.com/ThePhotographersRight.pdf

 

great post thanks

 

Well explained.

As for the 'public domain' question relating to someones private property etc, if the image is taken from the public area, such as street or footpath, of elements that are easily seen (such as the front of a house or front yard etc) then a release is not required, BUT, if you take a shot from on someones front yard, or, of their backyard etc (even if you're standing on the road), then you generally require a signed release.

Common courtesy always helps, even if the photographer is within his/her rights.

Cheers,

Drewfus

 

I love you Dan

 

Anybody with a link to Vern's site in their sig has to be cool...

~Jason

 

Hey Stoner, I have a suggestion. How about a feature on the cover car? Hell, even one page. You have a bunch of great shots from the shoot. I know your mag is not a car feature mag but a little story about the owner would be great. You won't piss anyone off, honest.

 

Dan,,,what can i say about him that hasnt already been said,,,dude is top notch second to none,,,

he put out a call for here on the HAMB for rodders around louisville wanting to do a lil feature tour of the area,,,i responded telling him i was actually a lil bit aways but that i knew some people that we might be able to get together,,,now,,i'm a knowbody,,but ive had a lil bit of dealings with the magazines,,some good,,mostly bad,,and at about the same time some of my buddys who have had run ins with these OSR guys who set up shoots for them,,took pics and then never seen print,haha...well,,with that in the my taste,,and not knowing dan from adam at the time,i didnt take it as much more than a chance to hang out with my buddies and an excuse to head to louisville for the day,,,
..well,,all i gotta say is that GARAGE magazine put on a TOP NOTCH production that day,,and FAR excedded my expectations that day....,straight out of high school i worked in the movie industry for a bit and the production and professionalism that GARAGE put out that day was second to nunn of them,....that day i felt like i was on the set of Indian Jones or Back to the Future,,,

total class act!

 

Yeah, Tyra, a cool jacket, and hot rods in one issue, can't beat that.

 

You forgot me in a wedding dress on a leash.

 

i told you before,,,but you have thee SEXIEST eyes,,,,"i HEART KIRK!"

 

...and fireworks..... somethings can't be unseen.

 

Hey, thanks for the props, doods...

With liability and releases and permits, each shoot comes down to the question of INTENT. Combined with what can be proven, actually.

If your house is being used in a photo to sell a product/service/message, you should be compensated for it. If your house is in the ambient surroundings of the street that's being used to sell a product/service/message, compensation may be harder to get.

Same with YOU – or, in the advertising/marketing world, your "likeness." I've seen folks paid for their image in a photo/footage as long as 75% of their face is visible and folks absolutely not paid for a crowd shot of just legs and feet.

As for permits – that's just a shitty world to get into. Los Angeles is probably the worst place in the world to shoot because it seems like everyone down to the guy with the leafblower in the parking lot wants to be paid or see a permit as soon as a camera is pulled out of a bag. On the other hand, New York City is much more lenient (with the stuff we do for the magazine, in particular).

Ultimately, it comes down to what can be proven in each individual situation. If you're making photographs, do the due diligence with everyone involved on the other side of the camera and you'll have fewer hassles. If you or your stuff is being photographed, have a conversation with the shooter before he burns any film (or pixels, these days) and everyone will feel much better about the whole thing.

 

Glad you finally let the world know- its funny- people always ask- hey did you get paid for that?
Photoshoots are harder than they look and my hat goes off to anyone who does 'em...

on the other side of things, MASS acxtually has a law that says if you DONT have a release and use the pics publicly anywhere- the owner of the property in the pic can ask you to remove it.
Just actually had this happen because of a a 'gentleman's agreement'( you know- a hand shake) for a car I worked on. The guy asked me to take ALL the build pics off the website .oh well- there will be others.

 

+1 especially the swelled bean part

 

I am a harsh critic of magazines and their content, but I must say that the pulp guys that hang out here don't piss me off. Good job, that is a phrase I don't think the guys on the HAMB hear enough. I like the insider's view they have been putting out instead of the corporate sameness that drove me to stop subscribing to many magazines.

 

If you ever take a picture of my horse without my permission I'll do more than sue you, I'll fucking kill you, I mean it.

NO PICTURE TAKING OF MY GODAMN HORSE, YOU GOT THAT????

 

I shot a lot of feature cars for Petersen Publishing in the early 60's. I was lucky to get $150 per feature and I supplied the film and print processing. Car owners figured that If I shot the car on Saturday, the feature would be in HRM by the next issue. I quit shooting stuff because the owners would bug me as to when it would appear and they "knew" that I was getting thousands of dollars and I should share the money with them!

FYI, I had a 600 word byline column in FOUR WHEELER that paid me $350 per issue in 2005. I wrote a 650 word column for HOT ROD INDUSTRY NEWS in the early sixties that paid $600 per issue!

 

Sorry, too late. I am only going to use them for my own personal pleasure though. Seriously, your horse is HOT!

 

You had better sleep with one eye open, I know where you live.