Re: Website question

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Well I follow another mail list on stock photography.  I learned something very interesting.  There has never been a single case where someone has recovered damages for not having a property release.  I will see if I can find the attorney's website that answered the question. This is for US consideration only and I am no lawyer, don't play one on tv and don't use this as any sort of legal advise in any manner.

One case came to mind is a lawsuit between a photographer and the Rock and Roll Hall of Fame.  The photographer made a nice photo from the public street.  They created a poster of it and sold it.  They sued, but the photographer has won.  Probably spent more to defend the suit than the poster made.  That property release would likely keep you from being sued.

The dog is property, though many of us think of them as kids. Nothing is quite as simple as that, otherwise lawyers wouldn't make so much.


--- On Fri, 4/4/08, Lea Murphy <lea@xxxxxxxxxxxxxxxxx> wrote:

> From: Lea Murphy <lea@xxxxxxxxxxxxxxxxx>
> Subject: Re: Website question
> To: "List for Photo/Imaging Educators - Professionals - Students" <photoforum@xxxxxxxxxxxxxxxxxx>
> Date: Friday, April 4, 2008, 4:46 PM
> Because the dog belongs to the person, it's theirs.
> 
> Lea
> 
> On Apr 4, 2008, at 4:12 PM, Dona Tracy wrote:
> 
> > I am not quite sure why a release would be needed for
> someone's dog.  
> > A child, yes. But just not sure why a dog...
> >
> >
> > > Date: Fri, 4 Apr 2008 12:35:06 -0700
> > > From: mblackwell1958@xxxxxxxxx
> > > Subject: Re: Website question
> > > To: photoforum@xxxxxxxxxxxxxxxxxx
> > >
> > > Well if you are going to play devils advocate, so
> can I. :-) You  
> > might be a jerk, but photographers can be hard headed.
> lol My  
> > question would be all dogs of that breed look pretty
> much alike.  
> > What sets your dog apart so that anyone could
> recognize it as being  
> > your dog? How do we know its just not a dog from down
> the street?  
> > Would a person other than the owner be able to
> recognize it as your  
> > dog?
> > >
> > >
> > > --- On Fri, 4/4/08, R V
> <muunstruk@xxxxxxxxx> wrote:
> > >
> > > > From: R V <muunstruk@xxxxxxxxx>
> > > > Subject: Re: Website question
> > > > To: "List for Photo/Imaging Educators -
> Professionals -  
> > Students" <photoforum@xxxxxxxxxxxxxxxxxx>
> > > > Date: Friday, April 4, 2008, 1:08 PM
> > > > Just to play devil's advocate...
> > > > What if I own the dog in the picture,
> it's a national
> > > > champion and I'm a
> > > > jerk? Hmmm...
> > > >
> > > > Renate
> > > >
> > > > On Fri, Apr 4, 2008 at 10:42 AM, Lea Murphy
> > > > <lea@xxxxxxxxxxxxxxxxx> wrote:
> > > >
> > > > > I wouldn't assume you don't
> need a release for
> > > > the pets themselves,
> > > > > especially if you intend to sell them.
> > > > > Lea
> > > > >
> > > > > On Apr 4, 2008, at 10:00 AM, Dona Tracy
> wrote:
> > > > >
> > > > > Thank you release to take along with
> me. Since the
> > > > shots are random and I
> > > > > am focusing on capturing pets in
> action, I might not
> > > > be able to get a
> > > > > release from everyone (who appears in
> the shots...
> > > > they are in a public
> > > > > setting) and in many cases I might not
> be using the
> > > > pic's I take. I assume
> > > > > the pets wouldn't need one though.
> :) For starters
> > > > on my website, I am only
> > > > > using pet photos with out recognizable
> pictures of
> > > > people.
> > > > >
> > > > >
> > > > >
> > > > > ------------------------------
> > > > > > Date: Fri, 4 Apr 2008 10:39:30
> -0400
> > > > > > From: elf@xxxxxxxxxxxxxxxxxx
> > > > > > Subject: Re: Website question
> > > > > > To: photoforum@xxxxxxxxxxxxxxxxxx
> > > > > >
> > > > > > If the people are customers they
> should be
> > > > signing a release as part
> > > > > > of the contract separate piece of
> paper and
> > > > > > tell them exactly which exposures
> they are
> > > > releasing themselves for,
> > > > > > if you want to be an ethical
> photographer.
> > > > > > --
> > > > > > Emily L. Ferguson
> > > > > > mailto:elf@xxxxxxxxxxxxxxxxxx
> > > > <elf@xxxxxxxxxxxxxxxxxx>
> > > > > > 508-563-6822
> > > > > > New England landscapes, wooden
> boats and races
> > > > > > http://www.landsedgephoto.com
> > > > > > http://e-and-s.instaproofs.com/
> > > > > >
> > > > >
> > > > > ------------------------------
> > > > > More immediate than e-mail? Get instant
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> > > > Windows Live
> > > > >
> > > >
> Messenger.<http://www.windowslive.com/messenger/overview.html?ocid=TXT_TAGL%0As_042008
> 
> > >
> > > > >
> > > > >
> > > > >
> > > > > babies. they're what i do.
> > > > > www.leamurphy.com
> > > > >
> > > > >
> > > > >
> > > > >
> > > > >
> > > > >
> > > > >
> > > > >
> > > > >
> > >
> > >
> > >  
> >
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> 
> babies. they're what i do.
> www.leamurphy.com


      ____________________________________________________________________________________
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