Forums > General Industry > Do "things" need releases for self-promotional use

Photographer

David Bunch

Posts: 109

Foley, Alabama, US

Scenario:  Photographer is asked by a local car club to bring some models along for some "spice" at a car show.  While wandering about, photographer and models are asked to take some pictures of a vehicle with the models.  This occurs with the full consent (and some direction) of the owner of the car.  The owner is given a business card with the photographer's name and number.

A couple a weeks later, the owner is emailed a link to a gallery of his photos, with an incredibly fair price list for prints (think super cheap wedding rates).  No reply.  Model likes a couple of 'em, though, and uses them from time to time on her site for self-promotion.

Years later, owner of car stumbles across model's site, calls her up and demands payment for the use of the car.  "How much?"  No answer, just feels "wronged".  "You'll be hearing from my attorney!" is his sign-off, along with referring to the model as a female dog.

Q: Is there such a thing as a "material release"?

She has since removed said photos as a courtesy (they weren't THAT great).

DB.

Jul 31 06 04:52 pm Link

Wardrobe Stylist

stylist man

Posts: 34382

New York, New York, US

I am being punished and I am not allowed to tell you.

Jul 31 06 04:57 pm Link

Photographer

James Jackson Fashion

Posts: 11132

Philadelphia, Pennsylvania, US

Yes and no...

A car is rarely unique enough to classify it as a work of sculptural art, but if it can be, then in order to produce an image of it you would have to get a license to reproduce the copyrighted work as part of your new work.

Also, copyright infringement, though having no legal bar to being enforced against someone not making money off the copyrighted image, is rarely litigated against those just using the copyrighted material for self promotion.

It is however always nice to give the owner a little note of appreciation in the mail, and perhaps go back and forth corresponding (and thus proving acceptance for arguments in the future such as this) on the uses you plan for the photos, and making sure that the owner of the car is okay with that.

Jul 31 06 05:02 pm Link

Photographer

Hamza

Posts: 7791

New York, New York, US

Good meaningful question!  I don't know.

Jul 31 06 05:02 pm Link

Wardrobe Stylist

stylist man

Posts: 34382

New York, New York, US

MHana wrote:
I am being punished and I am not allowed to tell you.

Be free.  Prison break.
I am actually not sure if these will answer your question directly.
You may need a lawyer for that.
I make no claim to the information linked to.
I am just the loony librarian who tells people to hush too much.

Us site on copyrights
http://www.copyright.gov/

Business form site with other links.
http://photography.about.com/cs/businessforms/

question on production still property rights
https://modelmayhem.com/posts.php?thread_id=11464

kind of an odd copyright question
https://www.modelmayhem.com/posts.php?thread_id=10815

Location release
https://www.modelmayhem.com/posts.php?thread_id=55409

http://www.danheller.com/model-release.html
Good site about many sections of releases

ASMP property and model copyright tutorial.
http://www.asmp.org/commerce/legal/releases/

The above threads are taken from the two threads below
The list of release threads, samples, questions.
https://modelmayhem.com/posts.php?thread_id=48869

List of copyright arguements and discussions
https://www.modelmayhem.com/posts.php?thread_id=45764


From the main list thread
The list of lists. answers already answered
https://www.modelmayhem.com/posts.php?thread_id=47436

others which might have slight relevance.

What rights does a designer have to images?
https://modelmayhem.com/posts.php?thread_id=13940

Photog's rights to shoot in public upheld-for now
https://modelmayhem.com/posts.php?thread_id=36650

brand names and copyright
https://www.modelmayhem.com/posts.php?thread_id=25391

legal site.
http://www.nolopress.com/

Jul 31 06 05:42 pm Link

Photographer

FKVPhotography

Posts: 30064

Ocala, Florida, US

Well...there is such a thing as a property release if you plan on including those inanimate objects in a commercial shoot.....I use them all the time....but mostly for properties which end up in backround shots.....probably would apply to autos....

But if the car was only used in self promo.....and the model didn't make any money directly from it's image.....as in a car ad......shouldn't be a problem there.....

But in today's litigeous world people are always threatening to sue for one thing or another.....hoping you'll settle out of court.....it's a pretty standard tactic and used more with large companies with deep pockets wanting to avoid bad press......

I've had more than my share of "lawyers letters".......I just sent them back letting them know I'm out of work and broke.....and never heard from them again....lawyers only persue the smell of money......regardless of what a client might demand.....no money...no case

Jul 31 06 05:42 pm Link

Photographer

UnoMundo

Posts: 47532

Olympia, Washington, US

If the car was in a public event; No !
send  him a pic of  a naked model in the car !  that what he is pissed about!

Jul 31 06 05:44 pm Link