Approve the Cookies
This website uses cookies to improve your user experience. By using this site, you agree to our use of cookies and our Privacy Policy.
OK
Index  •   • New posts  •   • RTAT  •   • 'Best of'  •   • Gallery  •   • Gear  •   • Reviews
Guest
New posts  •   • RTAT  •   • 'Best of'  •   • Gallery  •   • Gear  •   • Reviews
Register to forums    Log in

 
FORUMS Photography Talk by Genre General Photography Talk 
Thread started 18 Sep 2011 (Sunday) 03:20
Search threadPrev/next
sponsored links
(this ad will go away when you log in as a registered member)

When can I sell a photo?

 
snapshot2011
Senior Member
570 posts
Joined May 2011
     
Sep 18, 2011 03:20 |  #1

Ok, have some examples of situations many of us could be in and whether we can or cannot sell the images we take.

Airshow photos where you pay to enter the gate and your dslr with kit passes entry inspection....can we sell the images to people, magazines etc?

Car Show n Shine where you pay a small donation to the charity or school where its hosted, can you sell images of cars and bikes etc to owners of them or to respected magazines?

Sporting Events - with donation or minimum entry fee at local sports ground with minimal spectator attendance ?

Large Sporting Events such as major league, cricket etc etc?

Walking around in your city and taking creative snaps of landmarks and buildings that dont breach security?

Please note the photographer I am referring to could be just a you and I hobby snapper to the run of the mill wedding/portrait photographer who makes their living from weddings/portraits.


I attended a motorcycle show and shine 4 weeks ago Sydney and it was held at a local sports field with a gold coin donation $1-$2 AUS.

It managed to snag some really nice shots of bikes and closeups of the wheels and relative parts. Prior to taking photos of each bike I respectfully asked permission from the owner of the bike if I could take snaps and all agreed.

The shots impress me to the point that I would like to sell them to magazines or back to owners themselves......CAN I DO THIS?

I ask as I am trying to come to terms with the concept that though I was given permission, I should sell the photo back to owner, where as my old fashion train of thought is to give them the photo as they gave me permission in the first place.


How do I treat this circumstance?


Ian




  
  LOG IN TO REPLY
FlyingPhotog
Cream of the "Prop"
Avatar
57,560 posts
Likes: 148
Joined May 2007
Location: Probably Chasing Aircraft
     
Sep 18, 2011 03:33 |  #2

Private 1:1 sales are generally kosher anytime provided your buyer doesn't turn around and do something other than just hang it on a wall in their house, hangar or garage.

Where it gets sticky is the end use of the image.

"Fine Art" is generally recognized as "protected" use. Gallery prints, coffee table books, etc. Where people can be recognized easily, a model release (when able) is always a good idea but not carved in stone if you want to claim fine art as the use.

"Editorial" is magazines and newspapers in conjunction with reportage (not ads for or in the magazine .. see below)

"Commercial Use" is the 400lb Gorilla where you really need your ducks in a row. This is where an image is used for an advertisement or other means of selling something other than the photo itself. Model releases for people are 110% required as are "Property Releases" if there are recognizable landmarks or signage belonging to corporations. You might (and probably would) have to go so far as to obtain permission from every company who's sign can be readily identified in an image. Without permissions, you run the risk of violating their copyrights and registered trademarks. Even things as mundane as cars, motorcycles or bottles of soda can be fodder for corporate lawyers (can you imagine how unhappy Coke would be if one of their logos turned up in say, a beer ad?) This can also apply to aircraft manufacturers. There are one or two who insist that their designs are copy written and you need property releases to sell or license images of their planes / helos for anything but private use. Lockheed Martin and Sikorsky come to mind.

Study advertising photos and you'll find that the vast majority are pretty vanilla except for the product being advertised. You may recognize the location, but probably every car emblem and billboard has been photoshopped out.

ETA: You can actually sell or license any image at any time but the onus is on you to tell the buyer / licensee that you do or do NOT have the necessary releases that clears the image for anything beyond a private sale. If you have that one shot of Elvis getting out of his spaceship on the Las Vegas strip with every major casino in plain sight behind him, chances are your buyer will do the legwork necessary to use the image (if it's for commercial use) but for most images, they'll pass you up to find an image that's free and clear of having to do any extra work to use your shot.

One other caveat regarding Commercial use: Many/Most will tell you that using an image to promote your own photography is considered commercial use but some disagree. Merely showing an image in an online gallery is (to my mind) fine so long as you don't make any inference that the subject is endorsing or recommending your photographic services. The best example I can think of is your logo over the top of a couple from a wedding or an engagement shoot. The subliminal connection is that you are their preferred shooter and they are helping sell your services.


Jay
Crosswind Images (external link)
Facebook Fan Page (external link)

"If you aren't getting extraordinary images from today's dSLRs, regardless of brand, it's not the camera!" - Bill Fortney, Nikon Corp.

  
  LOG IN TO REPLY
tonylong
...winded
Avatar
54,657 posts
Gallery: 60 photos
Likes: 546
Joined Sep 2007
Location: Vancouver, WA USA
     
Sep 18, 2011 11:29 |  #3

Great writeup Jay!

Now, who could give me a "private exclusive heads-up" as to when and where Elvis will be landing and procure me a model release? I'd be glad to run around picking up needed property releases:)!


Tony
Two Canon cameras (5DC, 30D), three Canon lenses (24-105, 100-400, 100mm macro)
Tony Long Photos on PBase (external link)
Wildlife project pics here (external link), Biking Photog shoots here (external link), "Suburbia" project here (external link)! Mount St. Helens, Mount Hood pics here (external link)

  
  LOG IN TO REPLY
snapshot2011
THREAD ­ STARTER
Senior Member
570 posts
Joined May 2011
     
Sep 18, 2011 16:48 |  #4

I agree,


great writeup Jay.




  
  LOG IN TO REPLY
PhotosGuy
Moderator
Avatar
75,906 posts
Gallery: 8 photos
Likes: 2552
Joined Feb 2004
Location: Middle of Michigan
     
Sep 19, 2011 10:05 |  #5

Good one, Jay.

4 weeks ago Sydney

And keep in mind that where the image is taken can make a big difference.
Canada and Australia have an odd twist in their laws, in that the client who commissions the photography owns the copyright unless the contract explicitly transfers it to the photographer.
https://photography-on-the.net/forum/showthre​ad.php?t=756127

In Finland, for instance, it's necessary for the creator to publish the work in some way in his own name; when the work in his name has been made public, that's considered adequately "registered."


FrankC - 20D, RAW, Manual everything...
Classic Carz, Racing, Air Show, Flowers.
Find the light... A few Car Lighting Tips, and MOVE YOUR FEET!
Have you thought about making your own book? // Need an exposure crutch?
New Image Size Limits: Image must not exceed 1600 pixels on any side.

  
  LOG IN TO REPLY
sponsored links
(this ad will go away when you log in as a registered member)

937 views & 0 likes for this thread
When can I sell a photo?
FORUMS Photography Talk by Genre General Photography Talk 
AAA
x 1600
y 1600

Jump to forum...   •  Rules   •  Index   •  New posts   •  RTAT   •  'Best of'   •  Gallery   •  Gear   •  Reviews   •  Member list   •  Polls   •  Image rules   •  Search   •  Password reset

Not a member yet?
Register to forums
Registered members may log in to forums and access all the features: full search, image upload, follow forums, own gear list and ratings, likes, more forums, private messaging, thread follow, notifications, own gallery, all settings, view hosted photos, own reviews, see more and do more... and all is free. Don't be a stranger - register now and start posting!


COOKIES DISCLAIMER: This website uses cookies to improve your user experience. By using this site, you agree to our use of cookies and to our privacy policy.
Privacy policy and cookie usage info.


POWERED BY AMASS forum software 2.1forum software
version 2.1 /
code and design
by Pekka Saarinen ©
for photography-on-the.net

Latest registered member is ShootTwice
1317 guests, 227 members online
Simultaneous users record so far is 15144, that happened on Nov 22, 2018

Photography-on-the.net Digital Photography Forums is the website for photographers and all who love great photos, camera and post processing techniques, gear talk, discussion and sharing. Professionals, hobbyists, newbies and those who don't even own a camera -- all are welcome regardless of skill, favourite brand, gear, gender or age. Registering and usage is free.