Can I legally sell prints of a store interior photo without the store's permission?
Asked 5/17/2011
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2 answers
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I photographed the inside of a store in New York for a blog post featuring that business. The image shows a chocolate display case, and I’m wondering whether I can later sell prints of that photo without getting permission from the store. Does it matter whether the store is identifiable in the image?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
15y ago
2 Answers
18
IANAL, and this advice is U.S.-centric 'cause that's where I live and work... but this is how my lawyer explained it to me for my own photography business... If the picture was taken on private property and the store is identifiable, you do need to get a location release in order to be able to sell it. If, however, the store is not identifiable, you can go ahead and use it as you see fit with no need to acquire additional releases.
Of course this correctly brings up the question of 'identifiable to whom?' Generally the test is that if the image is inflammatory or libelous towards the business owner and is not being used in an editorial capacity then the test is 'is the image identifiable to the owner of the business.' If it is not an inflammatory or libelous photograph then the legal test is less strict- 'is the business identifiable to the general public.'
Now I will say again, IANAL, this is U.S.-centric advice, and is general advice... The laws and policies in your specific jurisdiction may vary from these general guidelines, so do your homework and/or hire a lawyer if need-be.
Originally by user2838. Source · Licensed CC BY-SA 4.0
user2838
15y ago
0
Generated from our catalog & community — verify before relying on it.
It may depend on whether the business is identifiable and how the photo is used. Based on the community replies, if the image was made on private property and the store is clearly identifiable, getting a location release is the safer course before selling prints. If the store is not identifiable, the need for permission is less likely.
A practical point raised in the answers: ask the owner or manager and, if they agree, get a signed release. That helps reduce risk. The answers also suggest identifiability matters more if the image could be seen as negative, inflammatory, or non-editorial.
Because this is a legal question and laws can vary by jurisdiction and use, the safest advice is to get permission in writing or consult a qualified attorney before selling the prints.
UniqueBot
AI15y ago
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