Business and Legal Forms for Photographers by Tad Crawford

Author:Tad Crawford [Tad Crawford]
Language: eng
Format: epub
ISBN: 9781581157352
Publisher: Allworth Press

Property Release

Property does not have rights of privacy or publicity. A public building, a horse running in a field, and a bowl of fruit are all freely available to be portrayed in photography (although some owners of distinctive buildings are making the questionable argument that the buildings can be protected by trademark).

Nonetheless, there may be times when the photographer will want to obtain a release for the use of property belonging to others. This might include personal property, such as jewelry or clothing, or the interiors of private buildings (especially if admission is charged). The most important reason for the release is to have a contract that details the terms of use of the property. Another important reason for the release is that certain clients, especially for advertising usage, will require it.

If the photographer is lent property to use in a commissioned work, and has any intention of using the photographs in some way other than the commission, a release should be obtained. For example, if a photographer were hired to do a portrait of a pet, selling that portrait to a manufacturer of dog food for use as product packaging would be a breach of an implied provision of the contract. Such a use would require the owner’s permission, which could be obtained by using Form 14.

If the owner could be identified from the property, especially if the owner might be embarrassed in some way by the association with the photographs, it is wise to have a property release.

As with releases for models, property releases should be signed at the time the property is used, and payment, even if only a token payment, should be made to the owner of the property.

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