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Thread started 22 May 2013 (Wednesday) 21:14
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is it possible to get a property release from public properties?

 
ChrisAdval
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May 22, 2013 21:14 |  #1

is it possible to get a property release from public properties?

i.e. Eastern State Penn... is owned by the city, if I wanted one to cover my ass when, if ever, they sell the property to a private owner/entity, how can I get the release... Ask the current city mayor?


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RDKirk
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May 22, 2013 21:22 |  #2

ChrisAdval wrote in post #15958433 (external link)
is it possible to get a property release from public properties?

i.e. Eastern State Penn... is owned by the city, if I wanted one to cover my ass when, if ever, they sell the property to a private owner/entity, how can I get the release... Ask the current city mayor?

A property release --or any release-- is only good for the photographs it pertains to.

If you get a property release today for photographs you took today, that release will continue to be valid for those photographs in the future even if the property changes hands.

But you can't get a release today for pictures you might take some time in the future, unless, perhaps the release still identifies the date you intend to take those pictures. And even that kind of release won't be valid if the property has changed hands.

In the same way, a model release for photographs you took today will continue to be valid for those photographs into the future. In fact, if you take photographs of a child today and have a model release signed by her parents for those photographs, that release will continue to be valid for those photographs even after that child has reached the age of majority--and doesn't want you to use them anymore.

But you can't use that model release signed by the parents for future photographs of the child.

I can't imagine, though, that you actually need a property release for public property. There isn't actually any legislation in any state that requires a property release at all. The primary purpose of getting one is just to avoid the hassle and cost of dealing with a threat of a lawsuit. In cases that have actually gone to court, photographers have generally won...it's just a matter of whether you can afford to win.

But if the property is public, I can't imagine the city even threatening to take you to court over an issue that isn't supported by law. So why would they give you a release that does not have a purpose?

OTOH, if it's a small town like mine, I could easily catch the city manager at his desk and just ask him to sign it. He probably would without thinking too much about it.




  
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ChrisAdval
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May 22, 2013 21:36 |  #3

RDKirk wrote in post #15958455 (external link)
.....

thanks for your response, just I have a feeling sooner or later the public property will be sold to a private entity, and then their may be a case of demanding a property release of time of production of photos that still currently active in the market (like stock, posters, etc...)... We all know sooner or later certain public properties get sold to private entities for whatever commercial purposes.... i.e. Eastern State Penn. was a prison, but it may soon become a tourist attraction owned by a private corporation [currently owned by the city] (profit or non-profit, wont matter) and hence why I am worried about them becoming ansey and demanding for property releases to be shown or stopping commercial activities of photos produced from that property.


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P51Mstg
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May 25, 2013 19:08 as a reply to  @ ChrisAdval's post |  #4

Property release for PUBLIC PROPERTY...

To a great extent, PUBLIC PROPERTY belongs to the people, hence no release is necessary (nor is it rarely necessary for outsides of buildings, etc).

The only time you would need one would be for a work of art or painting that was created and given to the PUBLIC (IE City, County, or State), because often artists GIVE the WORK to the PUBLIC but retain copyright.

Its another interesting area of the law

Mark H


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juicedownload
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May 25, 2013 23:34 as a reply to  @ P51Mstg's post |  #5

Reminds me of a photographer who posted his photos to the public domain free for all usage. His website/photos became more popular, then he started watermarking his photos. Then one day, he revoked his public domain license and claimed full copyright on everything, and even included threatening legal writing on his website. Defeats the whole purpose of public domain, but whatever.

Once it's public, it's hard to erase the past.


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Dan ­ Marchant
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May 26, 2013 12:17 |  #6

juicedownload wrote in post #15967836 (external link)
Reminds me of a photographer who posted his photos to the public domain free for all usage. His website/photos became more popular, then he started watermarking his photos. Then one day, he revoked his public domain license and claimed full copyright on everything, and even included threatening legal writing on his website. Defeats the whole purpose of public domain, but whatever.

Are you sure he actually placed them in the public domain or did he just make them publicly available for anyone to use? There is a huge difference, the first being that placing something in the public domain means you no longer have any claim of ownership over the copyright, so it would be impossible to revoke.

On the other hand, if he was just making it freely available then he has every right to stop doing so. However he can't revoke the licenses that were already granted to people to use the images freely. All he can do is control future downloads etc.


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RDKirk
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May 26, 2013 12:55 |  #7

Dan Marchant wrote in post #15969054 (external link)
Are you sure he actually placed them in the public domain or did he just make them publicly available for anyone to use? There is a huge difference, the first being that placing something in the public domain means you no longer have any claim of ownership over the copyright, so it would be impossible to revoke.

On the other hand, if he was just making it freely available then he has every right to stop doing so. However he can't revoke the licenses that were already granted to people to use the images freely. All he can do is control future downloads etc.

It appears that in the US there is no legally defined way to place current work into the public domain prior to its legal expiration date.

Thus, to be sure, one really needs to use Creative Commons to license the work to be used as though it were in the public domain.




  
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CanonCameraFan
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May 30, 2013 21:21 |  #8

http://creativecommons​.org/ (external link)

Just happened to post this elsewhere a few minutes ago.....


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