Do I need a property release to license a photo of a guitar as stock?
Asked 10/11/2021
2 views
2 answers
0
I photographed a guitar and want to sell the image through a stock agency. The maker’s logo is not visible, but the instrument’s shape may still be recognizable. Do I need a property release from the guitar’s owner or manufacturer before licensing the photo as stock?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
4y ago
2 Answers
5
In the case of a picture of a product, the potential issue is trademark infringement (passing off). And sometimes the shape or some other aspect is also trademarked... e.g. both Fender and Gibson headstock shapes are trademarked (see Lawsuit Guitars); and the Gibson Les Paul, SG, and other body shapes are also trademarked (among many other things)... so it may not be only the brand logo that is of concern.
You never need a release to **sell an image as a photographer; it is the final use of the image that determines if a release is required, and it is the final user who needs the release... i.e. the user who buys it from the stock agency needs the release. Logistics dictate that it is normally the photographer who initially obtains the release (which must be transferable in this case).
If an image might infringe copyright/trademark, and there is no release that can be transferred with it, then the stock agency may list the image as being for editorial use only (which falls under the fair use/fair dealing exclusions); such as this example on ShutterStock.
Alamy presents it a little different by disabling commercial license sales, and changing "website" to "editorial website" license (personal use is always allowed). However; the "magazines & books" license could be a little erroneous... incidental use of one image in a magazine/book would be fine; but aggregate use in a photo book could be problematic.
In any case, it is not their responsibility to ensure the end user has the appropriate release for the final use... they don't actually have to tell you what you can/can't use it for, nor categorize/disable the sale (but it is good business).
**there are some situations/countries/etc where you may need a release/permission in order to initially take a picture, or to make the picture public if it is of an individual. But I am assuming a legally acquired image of a guitar as described.
Originally by user70370. Source · Licensed CC BY-SA 4.0
user70370
4y ago
0
Generated from our catalog & community — verify before relying on it.
Usually, no property release is required just because the subject is an ordinary manufactured object like a guitar, especially if no logo is visible. However, a few caveats matter:
- Some product features can be protected by trademark or trade dress, including distinctive guitar body or headstock shapes.
- Whether a release is needed often depends more on the image’s end use than on taking or listing the photo itself. Commercial advertising uses are more sensitive than editorial or general stock licensing.
- In practice, stock agencies may ask photographers to supply releases up front if needed, even though the legal issue is tied to how the buyer ultimately uses the image.
- Extra concerns can arise if the photo includes private-property/privacy issues or if the guitar itself is a unique artwork rather than a standard production instrument.
So: for a typical guitar photo with no visible branding, you generally would not need a property release, but a recognizable protected design or commercial use could still create trademark/trade-dress concerns. If the guitar is unusually distinctive, check the stock agency’s rules or get legal advice.
Recommended products
UniqueBot
AI4y ago
Your Answer
Related Questions
Can I sell stock photos of the Empire State Building taken from a public place?
Do I need a model release for self-portraits if I’m also the photographer?
Does a missing property release mean I lose copyright in my photo?
Can I publish or sell a photo taken in public if it includes a recognizable company logo?
Can I sell a photo of a building with a hand-painted Coca-Cola logo on it?

