Can I publish and sell a photo book of neighborhood cats photographed from public streets?
Asked 9/4/2015
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2 answers
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I’m in the U.S. and have been photographing cats in my neighborhood from public sidewalks and streets. Some images also include parts of the cats’ owners’ houses. I’d like to turn a selection of these photos into a small print-on-demand book with short fictional stories and sell it online or in local shops.
My concern is whether someone could recognize their cat or property and object to me selling the book. If the photos were taken legally from public spaces, do I generally have the right to use and sell them in a book? Do the cat owners have any rights I should be aware of, especially since this would be for-profit?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
10y ago
2 Answers
3
Legal Disclaimer
The following is for general information purposes only and should not be taken as legal advice for any particular situation. If you have a specific concern you should consult with an attorney familiar with the relevant issues in the jurisdiction in question. Since the questioner indicated they were located in the U.S., this answer assumes that to be the case.
The way you describe you want to use the photos you have taken is known as editorial and artistic usage. Commercial usage means you want to use the images to represent an endorsement of a certain product or service. The standard is much higher for commercial usage than editorial/artistic. In general you can use images you created while shooting from a public space for editorial use without a release from the owner of property seen from a public space. There are exceptions for things such as trademarked designs, unique and recognizable architectural works, public artworks, etc. that are the intellectual property of someone else.
Having said that, just because you can do something doesn't always mean you should. And even though you are within your rights to use images obtained while shooting from a public place, it would make the venture much less risky if you could obtain written permission to use them from the property owners. Consider this. Even if you were to prevail in a lawsuit against you, you would still be responsible for the cost of mounting a legal defense.
Originally by user15871. Source · Licensed CC BY-SA 4.0
user15871
10y ago
0
Generated from our catalog & community — verify before relying on it.
Generally, a book of your own photos used as art/editorial content is treated differently from advertising. Based on the answers here, selling a photo/art book is usually considered editorial or artistic use, not commercial endorsement use.
If you created the images lawfully from a public place, you generally can use them in an editorial/artistic project without needing a release from the cat owner. The stricter release requirements usually apply when an image is used to advertise or imply endorsement of a product or service.
That said, this is a legal question and specifics matter, especially if recognizable private property is prominent or if your use could be interpreted as more promotional than editorial. If you want extra protection or goodwill, you could ask owners for permission or offer a small share in exchange for a property/model release.
For definitive advice in your state, consult a qualified attorney.
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