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ryry278
12-16-2008, 12:16 AM
Well know one helped last time I asked some questions about photos. But here is the question. If i use a photo from a job i have done like say some grass i cut do i have to ask for permmision from the owner of the property if i use it for promotional material. I know that this is not copyrighted since i took the pictures and its my work but wondering if this falls under something else? None of the pictures would show addresses. Any info would be great

DLAWNS
12-16-2008, 12:30 AM
I don't know the specific laws or if you have to ask permission, but I would think it would be a good idea to ask so that way you don't want to upset a customer. I would think if you asked them they would probably be flattered unless they are a really private person. I asked a couple of customers and they were ecstatic. Just my opinion.

ryry278
12-16-2008, 12:41 AM
Yea i was gonna ask just for courtesy, but you didn't offer them anything in return did you? Like a free mow or something

UpNorth
12-16-2008, 01:02 AM
Only because I have a few friends in the TV biz and we were just discussing it... PLEASE don't assume this is 100% true, it was bar talk a few weeks ago...

s far as I know, if you are in a public place you can photograph anything you want. It's the way the paparazzi get away with all they do. Just cause the buildings in the background happen to be your customers, your on a public street. So you can photograph it. I was also told by the same people that many public places such as bars, restaurants, airports, stores, etc. will have a "small" (apparently very small) sticker in the establishment, explaining that the patrons might be photographed or video taped. And that makes it legal for them to use and not get your permission. Its why on TV you sometimes see blurred face and sometimes not.

I would still ask permission, but I don't think you legally have to.

But look into it for sure, if you don't ask permission.

ryry278
12-16-2008, 01:09 AM
OK thanks up that was kinda my thought too. We did not cover this in PR class, might just email my proffesor see what she says

smithnaz
12-16-2008, 06:11 PM
actually the photo would be copyrighted - by you. you should get a property release signed just to be on the safe side. see here - http://www.asmp.org/commerce/legal/releases/

ryry278
12-16-2008, 06:20 PM
Hey thanks that was really helpfull. They said its a really good idea to get a form signed but no completly neccesary. They also have a form on there for anyone interested. I think i will change it a little bit since that is a lot to ask from a person to get a notary and witness

Dreams To Designs
12-18-2008, 11:26 AM
Best to check the laws in your state, but here in NJ, you no longer need a release unless a person is identifiable, not a property. We always ask, as Bill said, all have been flattered. I even have one client asking me to use their property, but we haven't done much work in the front yard, yet.

Once you take the photo, it is then your property and cannot be legally used without your permission, that applies to any photos, drawings, images or designs you create. Most folks are willing to share something with you for your work and it works the same for your clients. A written thank you and some sort of gift, whether it's a free or discounted service, poinsettias for the holidays or a gift certificate to a local restaurant, some sign of your appreciation is usually welcomed.

Kirk

ryry278
12-18-2008, 01:52 PM
Yea i read up on the laws. Nothing as far as i can see at a state level it is all federal. I feel like I should ask just to be polite and give a thank you card or something of that sort. I did read that there has never been a case about this, but to be careful because it could be considered an invasion of privacy. The other thing it could legally fall under is defamation of character, which in this case it would not harm them at all. The invasion of privacy would be hard to prove also since you should leave out addresses. There is not really anything legal they can stand on from what i have found, but it would be inpolite and unprofessional to use without permission in my opinion. Hate to loose nice properties because i just used their photo. I attached a form that was on the website linked above for release that i will be getting signed but leaving out the notary part since that is a little extreme.