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11/21/2007 12:44:19 PM · #1 |
"hypothetical" situation
if i had the opportunity to take a picture for stock of a historic site, and if, being the nice person that i am, i would ask permission before i took it. and if, I'm told no. ..
should i take the shot from the public property and take a chance?
(and if i were in this hypothetical situation, i know what i would do -- or have done, i'm just interested in seeing y'all's response.)
:) |
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11/21/2007 01:05:55 PM · #2 |
I would shoot it from a public location, as long as it wasn't a security-sensitive subject (e.g. military, other govermental site, potential terrorist site, etc).
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11/21/2007 01:09:53 PM · #3 |
Well, if it's private property without a property release, it's likely unusable as commercial stock. However, being a historic site it's likely usable as editorial stock.
So, the question: to shoot from public property without permission (or rejected permission)?
I don't see it much as an ethical decision, since your shooting from public property hurts no one. There are no legal issues, soooo... yes, I would :-) |
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11/21/2007 01:11:02 PM · #4 |
In most cases the usage of the shot (if it was taken) would be limited to editorial licensing without a property release. Kind of a no-win situation either way I think.
That's JMO as I have no experience with editorial stock photos. The stock photos I have out there either do not require a release or I have a model release for them.
As for the ethical question...I'd probably pass on the shot if I was told no. Although it could depend on who told me, and how they told me maybe. :-P If I was ticked I might go to a visible location (on public property) and take a few shots just to make THEM wonder. :-)
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11/21/2007 01:54:28 PM · #5 |
| Please be advised that the public property in question might hypothetically be the middle of a busy two-lane road... |
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11/21/2007 01:58:24 PM · #6 |
Originally posted by nards656:
Please be advised that the public property in question might hypothetically be the middle of a busy two-lane road... |
If it was actually in the street i.e. being moved on a trailer, then maybe.
Otherwise, the owners of recognizable, unique property have a right to control the use of its likeness just like any person has a right to control the use of their likeness. Unless it's for editorial use, you're going to need a release.
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11/21/2007 01:59:45 PM · #7 |
| I think nards was saying "Watch out for cars" :-) |
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11/21/2007 02:14:02 PM · #8 |
umm, yea, hypothetically, to be on the public property to take the shot i would hypothetically have to be in the middle of one of the busiest roads (hypothetically, of course) in the county.
the subject would be a structure, it doesn't move.
So, i figure, I can take the picture, but i won't because that's just the way i am. hypothetically, of course. |
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11/21/2007 02:42:07 PM · #9 |
Does the End justify the means? Hypothetically of course?
To me, is the amount earned from stock worth the trouble? Although stock does leave a paper trail to follow if someone was to be up in arms about it. So unless its well worth my while I would skip it.
However, since we are Hypothetically speaking, if it was for a private collector I would take the chance. In the bag, out the door, I never see you again.
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11/21/2007 02:50:30 PM · #10 |
One could hypothetically have a car stall right about there, with flashers on and hubby under the hood, one could hypothetically grab some keepers with a nice wide lens. ;)
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11/21/2007 03:15:39 PM · #11 |
Originally posted by karmat:
the subject would be a structure, it doesn't move.
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They move some pretty big houses around all the time... |
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11/21/2007 03:32:45 PM · #12 |
Originally posted by idnic:
One could hypothetically have a car stall right about there, with flashers on and hubby under the hood, one could hypothetically grab some keepers with a nice wide lens. ;) |
LOL! :-)
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11/21/2007 03:37:45 PM · #13 |
I would definitely take some pictures for my own personal "educational" use, so the readers could see what all the fuss is about ... ;-)
Of course, I wouldn't use no stinking flashers -- I take "drive-by" pictures all the time anyway. |
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11/21/2007 03:57:25 PM · #14 |
Originally posted by idnic:
One could hypothetically have a car stall right about there, with flashers on and hubby under the hood, one could hypothetically grab some keepers with a nice wide lens. ;) |
Am I a martyr? Wow.
:) |
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11/21/2007 04:00:13 PM · #15 |
Originally posted by Spazmo99:
Unless it's for editorial use, you're going to need a release. |
Hypothetically, let's pretend that the hypothetical owner of said hypothetical property actually said "We cannot give you permission to take photos because this property has been leased to a historical society."
In other words, it's not just the hypothetical ABSENCE of a release, it's a specific instruction to NOT take photos.
Of course, I would have to profess that I don't know anything about a hypothetical situation... |
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11/21/2007 04:17:17 PM · #16 |
| also, the hypothetical owner may have had a hard time with other hypothetical photographers in the past, so i may be having to clean up someone's else mess. . . . |
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11/21/2007 07:52:35 PM · #17 |
you can take a picture of anything you want.
if you tresspass to take the photo, that can get you in trouble.
if you break any other laws (like obstructing traffic), you can get in trouble.
any photo can be used editorially (meaning no release is required). however, if the usage is slanderous, then the publisher can get into trouble.
commercial use may require a release. however, if the photographer informs their customer that the image is not released, then the burden of obtaining a release falls onto their customer. i recently licensed an unreleased image to an ad agency for use in a billboard ad campaign. they took it upon themselves (appropriately, i might add) to photoshop into the image the face of a model that they had properly released.
so, if you can get the image without breaking the law or unduly risking bodily harm, by all means, do so. |
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