QUESTION
When do I need a photo release?
Asked on Sep 22nd, 2014 on Intellectual Property - Colorado
More details to this question:
I am a photographer who has a photo taken at a private resort. A company has approached me to use this image on their web site. Since this is not being used for editorial purposes I feel that I need to get a photo release from the owners of the resort. Am I correct?
1 ANSWER
Intellectual Property Attorney serving Manchester, NH
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Hayes Soloway P.C.
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Publication of photographs falls within free speech in the US. To inhibit free speech, an opposing party needs to have a counterveiling right that supercedes your right to free speech.
Photo releases are designed to resolve rights of privacy issues and rights of publicity issues, which are rights possessed by people. Structures do not have the same rights as people, as you might imagine. Unless you have a contract with the resort (which you may, depending on how private it is - similar to the contract on the back of movie tickets agreeing not to bootleg the movie), agreeing not to publish photos of the resort, I'm not sure what right they would have to prevent publication of photos of the resort.
Good luck,
Todd
Answered on Sep 24th, 2014 at 4:36 AM