Property releases - DPChallenge Forums

04/09/2008 07:17:30 PM · #1

This is more for the Canadians here. 2 questions:

I have been asked by someone to take a photo of a certain church here in town in order for them to put it on the cover of a phone book (to be distributed all over Calgary and likely to the church I'd be taking as well)

a) do I need to property release for that? and is it my responsibility to get it?

b) does anyone know where I can get a good property release form to use for just this occasion?

Thanks again for all the help!

Canon 12x IS USM (S3 IS built-in Lens) -- 36-432mm (35mm EQ)

04/09/2008 07:29:21 PM · #2

bump???

GeneralE

Canon PowerShot S3 IS

04/09/2008 08:02:47 PM · #3

I think Canadian and US law are close, but not necessarily the same ... in the US, you could probably do without the release if you take the photo from a public place (sidewalk, street -- not their parking lot), and if the building was built before 1986.

I thought I had a standard release form, but I can't find it right now ... I'll look again after work if no one else posts one before then.

Canon 12x IS USM (S3 IS built-in Lens) -- 36-432mm (35mm EQ)

04/09/2008 08:06:57 PM · #4

Well definatly not build before 1986... it's a brands spanking new building.... one of the largest in Canada now if I'm not mistaken

GeneralE

Canon PowerShot S3 IS

04/09/2008 08:13:28 PM · #5

Originally posted by Eyesup:

Well definatly not build before 1986... it's a brands spanking new building.... one of the largest in Canada now if I'm not mistaken

Well, under US law it could be covered by copyright and require a release ... it would probably be from the owners, but it's possible that the copyright was retained by the architects.

Have you tried searching Copyright Office (US or Canadian) for registration information? Try looking up the address or under the name of the building or designer ...

Nikon AF-S Nikkor 70-200mm f/2.8G ED VR II

04/09/2008 10:53:54 PM · #6

I'm having some trouble with finding this information as it related to Canada on the web... any Canadian friends have any insight on this?.

On a related note. I'll be releasing some other photos I'll be taking for the same client for a years use... I've never actually done this so I'm wondering if any one out there has a usage contract that I could take a look at.

MattO

Nikon D4

04/09/2008 11:23:15 PM · #7

I'd recommend this book I have it and it comes with a CD with several forms in different formats that you can change and print.

Matt

Canon EF 24-105mm f/4.0L IS

04/10/2008 01:09:47 AM · #8

thanks to all my American friends for helping out :) any of my Canadian friends have anything?

Art Roflmao

Canon EOS-6D Mark II

04/10/2008 01:48:33 AM · #9

I tried to get a building to sign a release once - it just stood there stonewalling for hours until I gave up.

Sorry I'm not Canadian, eh.

GeneralE

Canon PowerShot S3 IS

Canon 12x IS USM (S3 IS built-in Lens) -- 36-432mm (35mm EQ)

04/10/2008 01:58:16 AM · #10

Originally posted by Art Roflmao:

I tried to get a building to sign a release once - it just stood there stonewalling for hours until I gave up.

Sorry I'm not Canadian, eh.

I still think you're a real brick for trying, even to the extent of offering a conrete example.

Art Roflmao

Canon EOS-6D Mark II

Canon EF 24-105mm f/4.0L IS

04/10/2008 02:01:24 AM · #11

I bow to your one-upsmanship, Sir General. ;-)

04/10/2008 10:14:02 AM · #12

Originally posted by Art Roflmao:

I bow to your one-upsmanship, Sir General. ;-)

Attack of the punsters....!!! don't you guys have your own thread? lol :)

rstosky

Nikon AF Nikkor 50mm f/1.8

04/10/2008 07:51:53 PM · #13

I've found that most of the stock photo web sites have examples of good releases. Their releases are copyrighted property of course, so you can't copy them per say, but I suppose there is nothing wrong with looking at a few of them to get some ideas to "create your own property release"... iStockphoto is out of Calgary, aren't they???

Too bad nobody has written a "Canadian specific" book about this topic, or the business end of Photography in Canada, 'cause I know there are subtle differences between us and our neighbours to the south.

Good Luck with this from E-Town.

Message edited by author 2008-04-10 19:56:41.

Canon EF 24-70mm f/2.8L USM

04/11/2008 12:43:14 PM · #14

Bump for those that don't want to be 'called' today :)

I'm having some trouble with finding this information as it related to Canada on the web... any Canadian friends have any insight on this?.

On a related note. I'll be releasing some other photos I'll be taking for the same client for a years use... I've never actually done this so I'm wondering if any one out there has a usage contract that I could take a look at.

Kaveran

Canon EOS-50D

04/11/2008 02:34:13 PM · #15

Since you arent the one actually using the photo you technically dont need a release for the property, the company using the image might. A phone book very well may fall under editorial use. Personally, I would tap into the legal dept of the company creating the phone book to see what advice they have.

Peleng 8mm f/3.5 Fisheye MC In M42 Mount

04/11/2008 04:13:39 PM · #16

Originally posted by Kaveran:

It's a very small co. No legal dept..... that would be too easy :)

Matthew

Canon EOS-5D Mark II

04/11/2008 06:50:01 PM · #17

The simple answer is not to worry: it is the publisher's concern, not the photographer's. That said, the safest answer is to get permission (but it might cost).

The complex answer requires an understanding of why you need property releases or model releases. It is not usually anything to do with copyright. Instead, it is to deal with a slew of other (largely tortious) rights associated with intangible property. Those rights tend to arise in the context of publication, not the creation of the image (hence being an issue for the publisher, not the photographer).

One area where you should take care is not to breach the conditions on which you are given access to privately owned land - eg if you walk into the church and there is a "no photography" sign, then you'll be in breach of the church's conditions when you take your photo and you could be sued for any money you make in breach.

There are some variations on this area of law from country to country, and I am UK trained, but these basics are fairly universal (a consequence of widespread international treaties on IP law and in the case of Canada, a commonwealth legal system). There is an article here on Canadian law that references some specific jurisdictional issues.