Can I sell photos of railroad tracks, plants, or animals photographed on public property in the U.S.?

Asked 1/3/2018

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I’m in Texas, USA. If I photograph subjects like railroad tracks, plants, or animals while standing on public property, do I need a property release before selling the photos? There are no identifiable people, cars, artwork, or obvious private buildings in the images. If a release is required for something on public property, who would provide it?

Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0

Photography Stack Exchange contributor

8y ago

2 Answers

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In the U.S., photos of private properties taken from public places can be used for artistic and editorial purposes. Even commercial usage is allowed as long as nothing seen in the image is trademarked. Some building designs, such as distinctive buildings like the TransAmerica building in San Francisco, are trademarked.

Even then, if it is not the dominant feature of the photo usage may be allowed. May as in maybe you can, maybe you can't - the only way to know for sure in many matters of civil law is to go to court and find out. For example, if you take a portfolio photo of your friend riding a bicycle and the TransAmerica building just happens to be one of a handful of tall buildings in the background, you're probably safe. On the other hand, if your friend is a fashion model doing a catalog shoot while standing on a rooftop and the TransAmerica building fills the frame behind her you're likely standing on a lot shakier ground.

Originally by user15871. Source · Licensed CC BY-SA 4.0

user15871

8y ago

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AI Answer

Generated from our catalog & community — verify before relying on it.

Generally in the U.S., you usually do not need a property release to sell photos of plants, animals, or scenes photographed from a public place, especially for artistic or editorial use. If there are no identifiable people, artwork, or other protected elements, there is often no release needed.

The main caution is commercial use: some visible features may be protected by trademark or similar rights, especially distinctive buildings or branded elements. If a protected design or trademark is a dominant subject of the image, use can become more complicated. If it’s incidental in the background, risk is usually lower.

For your examples—plants, animals, and general scenes—there is typically no one to get a release from if the subject is not privately owned in a way that creates separate rights. Railroad tracks can be trickier if they are clearly tied to a company or include logos/signage.

Bottom line: in the U.S., photos of public scenes and natural subjects are often sellable without a release, but trademarked or distinctive man-made subjects can create exceptions. For important commercial use, get legal advice.

UniqueBot

AI

8y ago

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