Property Release

[Kincaid Photo]

Here is a question that I couldn't find. Forgive me if it has already been answered. I have the opportunity to shoot for a local company. It would be a handful of shots of the work site as well as the production facility. We have negotiated a price, and I have all of that handled. The only question I have is regarding property releases. Do I have to attain a property release for equipment used, and owned, by the company I am shooting for? For example: If a shot of a forklift was included in the shot, with the forklift manufacturer's logo visible, would I have to get a property release from the forklift company? These shots will be used for commercial advertising, and that is where I get lost since the law there is as clear as mud. Would I have to get a property release from the company I am shooting for anything? (yeah I know, that is more than one question.)

Thanks for any and all input!

[Concretin Nik]

If they own the forklift (regardless of the mfr) I'd think it wouldn't matter, as it would be 'free' advertising for the forklift co. (The reason you see many tv shows/movie cars without emblems isn't because the car co. said no don't use our car, it's because they didn't PAY to leave it there.)

But really, how difficult would it be to just clone out the logo?

[Kincaid Photo]

If they own the forklift (regardless of the mfr) I'd think it wouldn't matter, as it would be 'free' advertising for the forklift co. (The reason you see many tv shows/movie cars without emblems isn't because the car co. said no don't use our car, it's because they didn't PAY to leave it there.)

But really, how difficult would it be to just clone out the logo?

Thanks!

It wouldn't be bad, and I wouldn't mind doing it (cloning). Some of the equipment is very recognizable as that mfr. though, so that is where it came into question. As I understood it, since the company purchased the equipment, the logo didn't matter. But I don't even pretend to be an expert on copyright law.

[breal101]

I would answer both questions no, with an asterisk. According to legal opinions I've seen on the web and elsewhere property releases remain a grey area of the law, it was said that they have never been tested completely in a court of law. Having said that it's good practice to obtain them when possible. The forklift company would probably be reticent to sign a blanket release so I wouldn't even approach them, if you feel there may be stock value to the photos it would be a good idea to have one from the client. In any case you do need model releases from any people in the pictures, you knew that I'm sure, just throwing it in.

[Kincaid Photo]

I would answer both questions no, with an asterisk. According to legal opinions I've seen on the web and elsewhere property releases remain a grey area of the law, it was said that they have never been tested completely in a court of law. Having said that it's good practice to obtain them when possible. The forklift company would probably be reticent to sign a blanket release so I wouldn't even approach them, if you feel there may be stock value to the photos it would be a good idea to have one from the client. In any case you do need model releases from any people in the pictures, you knew that I'm sure, just throwing it in.

Thanks!

Yeah, I had already accounted for the model releases. All the equipment manufacturers are larger companies obviously, and would most likely be hesitant to sign a release. I hadn't planned on using the photos for stock, but I may obtain a release from the client anyways just in case.

[breal101]

I don't think a release would be needed from the manufacturer, barring the unlikely scenario where the ad headline is: Don't Blame Us The Equipment We Use Is Crap. :lol: Getting one from the client would be a good idea just in case but really not needed for an ad for themselves.