I love to photograph old barns and am not sure about the rules that apply to property releases.
More often than not, I photograph barns out in very rural areas, with no other homes nearby, and really no way to obtain a property release. Tracking down a landowner could be difficult or even impossible, as especially out in the Flint Hills, many landowners actually live out of state. I do sell a very limited number of photo notecards and calendars with barn images (we're talking less than 50 calendars per year). I never trespass on private property and only photograph from the road, with a telephoto if necessary. I've not run into any problems with any angry farmers yet, but the possibility is always in the back of my mind. I keep telling myself if they complain and want a "cut", they won't get much as my sales are very, very small.
What is anyone's opinion on this, and does anyone know of any books or web sites that deal with this type of legal issue? I appreciate your thoughts and advice.
Angela,When I am out wandering around town taking photos of buildings and such things I really don't think about getting a release, so I can't answer your question. This link is to an article on the TPN site that may answer your question though.
Posted by Wayne Rhodus on June 25, 2007 at 9:34 AM
Generally speaking Angela, if you are making images from public property (most roadways are public property) you do not need to get a release. If you are talking old barns in the Flint Hills it is reasonable to believe that none of them are "Iconic" structures and the owners would probably be flattered by having their structure included in a calendar. Personally, I won't trespass on private property to get a shot, period. If I simply must have a shot of something I'll try to locate the owner and get permission.
There is actually a group of "barn owners" that meet regularly in Kansas with the goal of learning how to market their barns and turn them into "tourism" destinations (and dollars). I'll try to dig up the info on them and get you some contact information.
Thanks and BTW, let's see some of those barn images!
Discussion
2 repliesMore often than not, I photograph barns out in very rural areas, with no other homes nearby, and really no way to obtain a property release. Tracking down a landowner could be difficult or even impossible, as especially out in the Flint Hills, many landowners actually live out of state. I do sell a very limited number of photo notecards and calendars with barn images (we're talking less than 50 calendars per year). I never trespass on private property and only photograph from the road, with a telephoto if necessary. I've not run into any problems with any angry farmers yet, but the possibility is always in the back of my mind. I keep telling myself if they complain and want a "cut", they won't get much as my sales are very, very small.
What is anyone's opinion on this, and does anyone know of any books or web sites that deal with this type of legal issue? I appreciate your thoughts and advice.
Photo Release
David
There is actually a group of "barn owners" that meet regularly in Kansas with the goal of learning how to market their barns and turn them into "tourism" destinations (and dollars). I'll try to dig up the info on them and get you some contact information.
Thanks and BTW, let's see some of those barn images!