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Subject:
From:
Randy Little <[log in to unmask]>
Reply To:
Museum discussion list <[log in to unmask]>
Date:
Wed, 8 Oct 2008 23:53:28 -0400
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Yes those are not cosidered commercial use books.  They are a sort of
reportage.   We are always required to get property releases for any works
that will be used for a commercial purpose.

Randy S. Little
http://reel.rslittle.com



On Wed, Sep 24, 2008 at 12:51 AM, Timothy Atherton
<[log in to unmask]>wrote:

> > Houses are not under copyright AT ALL
> > but if you take a picture of my house and publish it in a book you will
> > probably loose in court when I sue you unless you obtained a property
> > release.
>
> You probably wouldn't fare so well. Most photographers don't get a property
> release for a house (or an office building or a museum etc etc) photographed
> from a public place unless they are working on the house as a whole,
> interiors and exteriors etc. And when I've worked with publishers, they have
> never required one for a simple exterior shot of a public building or house.
>
> If you pick up any book of photographs of, say, urban and suburban N.
> America by Lee Friedlander or Geoffrey James or Todd Hido or Lewis Baltz or
> Robert Adams or Paul Graham or Frank Gohlke or Bob Thall and many others -
> non of those have releases as a rule. You can even photograph somewhere like
> the Rock and Roll Hall of Fame and sell your own postcards and posters of
> it.
>
> There are some circumstances where trademark may apply to a building - but
> that too is somewhat limited. There are also some limited copyright issues
> around unique architectural detail - but again, quite limited. But as a
> general rule, photographs of any building visible from a public place can be
> (and regularly are) published in a book, magazine, newspaper or used in most
> commercial applications
>
> What court cases there have been in these circumstances have pretty much
> all generally favoured the photographer in these circumstances.
>
> tim atherton
>
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