Posted by Bill Chambers on June 21, 2006 at 11:19 PM
Do I need to obtain a property release in order to sell a print of a local restaurant? The restaurant is a local icon, located on a bayou here in Pensacola. It's certainly recognizable to anyone who's ever been there? Does this matter?
It would be an easy question if you (or a stock agency) were going to use the shot to sell Pepsi or some such, but I'm not sure about the print. In which case, I'd chat with the owner. It doesn't happen to be on the national historic register does it? That could change the whole situation, too.
Posted by Lee Robinson on June 22, 2006 at 9:55 AM
This is a good question, Bill; one that often comes up in conversations with colleagues. One way I've tried, with limited success, is to offer the proprietor a complimentary box of note cards showing the establishment with my contact info on the back. When the freebies are gone, I'm hoping they'll order more to sell to their customers.
Posted by Bill Chambers on June 22, 2006 at 10:31 AM
Thanks all. I don't work with a stock agancy or anything - this would just be for sale to my local market through a gallery.
Generally a property release is required for the commercial promotion of a product or service, which you aren't doing.
That being said, it is a litigious age and there are those who think photographers make a fortune out of every shot. I suspect the best route is a chat with the owner and an offer of a free print. Even if a property release isn't required, good will never hurts.
I agree with Dave -- a property release is almost certainly not needed since you're selling a print, and not implying endorsement of the restaurant for any product or service. Having said that, it might be worth talking to the owner and trying to get a release (in exchange for a small print or something). And then if you ever decide to sell it as stock, you're covered.
Discussion
5 repliesAny help/advice would be appreciated?
Generally a property release is required for the commercial promotion of a product or service, which you aren't doing.
That being said, it is a litigious age and there are those who think photographers make a fortune out of every shot. I suspect the best route is a chat with the owner and an offer of a free print. Even if a property release isn't required, good will never hurts.
Dave
I agree with Dave -- a property release is almost certainly not needed since you're selling a print, and not implying endorsement of the restaurant for any product or service. Having said that, it might be worth talking to the owner and trying to get a release (in exchange for a small print or something). And then if you ever decide to sell it as stock, you're covered.
Martin