Copyright Information Required

[go-cart Mozart]

I hope someone could offer me some advice on some basic questions.

Could anyone tell me what the rules are relating to selling photographs of, for example cars. If I have the car owner's permission is there anything in law to say I can't sell a photograph of say a Ferrari or a Porsche etc?

I won't be using any official logos etc, so are there any copyright issues here?

Same goes for people, if I have an image of a famous person, if I took the image, am I allowed to do as I please with it?

I hope someone can spare a moment to assist.

[stigmundfreud]

trackday photographers dont seem to have an issue

[go-cart Mozart]

stigmundfreud said:

trackday photographers dont seem to have an issue

Does this mean there are rules but people ignore them or the rules are not enforced - or perhaps neither?!

[Gingerbread Man]

Public place and all that.

[Simpo Two]

Gingerbread Man said:

Public place and all that.

Mmm but try telling that to Mrs Sarcozy!

[stigmundfreud]

Simpo Two said:

Gingerbread Man said:

Public place and all that.

Mmm but try telling that to Mrs Sarcozy!

Different laws in France though, very very differnt. The subject owns the copyright not the photographer. Thats why street photography can be tricky in france as if one of the people in the shot (even if they are not the focus) complains they have the right to have the picture deleted. How enforcable that is is another question

As for the taking shots of the Ferrari etc, I don't believe you can copyright the shape of a car though you can copyright the logo's but in terms of photography it isn't classed as private property.

[go-cart Mozart]

stigmundfreud said:

Simpo Two said:

Gingerbread Man said:

Public place and all that.

Mmm but try telling that to Mrs Sarcozy!

As for the taking shots of the Ferrari etc, I don't believe you can copyright the shape of a car though you can copyright the logo's but in terms of photography it isn't classed as private property.

So as long as I am not causing anyone problems by using their image I can sell a shot and with cars / building etc, as long as I don't use a company logo to help sell the image, I should be ok?

[kybo]

To some degree the car has to be indistinquishable from others like it. By that I mean remove the reg plate and it could be any red ferrari or white GT3. If only it was as simple as "trackday photographers dont seem to have an issue" - they tend to pay for the privilege, thus buying them the right to sell the photos. I went to Cadwell and, out of courtesy, let them know that I would be taking photos. They said they couldn't stop me taking any but could stop me selling them (private land) - but there has to be something in the picture that proves it was taken there. If you get the owners permission have them sign a release form (google: 'photo release form' for examples) and you have proof of consent. it won't hurt.

As for people - the pappa' get away with it, don't they. It's easier to sell for editorial purposes than for commercial gain (no model release form required)

I'll email you a document I've got about it.

BTW - I'm a novice to this also and willing to improve my understanding of it. Anyone want to correct me if I'm wrong (or add to it) are more than welcome.

Scott

[kybo]

Check here:

ukpr

There's a link to the Uk photographer's rights.

Scott

[go-cart Mozart]

I know I cannot for example, go into a Stately home and take photos and sell them, they do not allow photography etc.

However, can take a photo of that building and sell that as you are allowed to take images from outside?

Another example I guess is at a concert - venue says you are not allowed to take photos, so if you do manage to, naturally I would not expect to be allowed to sell that image, but take a photo of a band away from that venue, I assume that is ok to then sell?

On the track photography question (not that it applies to me) but say I took a photo of a car and driver, can I not sell that image without getting the permission of that driver / car owner first or is it the circuit?

Just trying to clarify the boundries on this.

[kybo]

go-cart Mozart said:

I know I cannot for example, go into a Stately home and take photos and sell them, they do not allow photography etc..

Not entirely true. A lot of places (minsters, cathedrals etc.) will charge you for the privilege of taking photos. Whether or not this guarentees you commercial selling rights, I don'y know. Sorry.

If you can get hold of issue 69 (Feb 08) of Digital Camera, it has a comprehensive article on 'street photography and the law'. Makes for an interesting read!!

Or try here

HTH
Scott

[Cuban]

stigmundfreud said:

trackday photographers dont seem to have an issue

I'd like to know what the copyright implications are on shots taken with permission
at race tracks.

My images were taken for press use, but I have been approached by some teams to sell
the images to them.

So who actually owns copyright and am I free to sell to the teams concerned and am I
also allowed to sell other images to the public if they want them?

[Jenx]

Unless you were shooting under contract they are yours, and you are free to do what you want with them .

Martin.

[Simpo Two]

Cuban said:

My images were taken for press use, but I have been approached by some teams to sell
the images to them. So who actually owns copyright and am I free to sell to the teams concerned and am I
also allowed to sell other images to the public if they want them?

I suppose it depends what small print you agreed to in order to take photos. But normally copyright is yours and even if you sell the images for money, the copyright is still yours. Transferance of money is not the same as transferance of copyright (unless you've agreed otherwise). I had to sign away copyright with one big corporate because they insisted it was that or nothing - and I wanted the work. So I charged them about double instead. The photos are so specific they have no other value anywhere else so it wasn't a big problem.

Edited by Simpo Two on Tuesday 15th April 09:50