Does a missing property release mean I lose copyright in my photo?
Asked 8/18/2018
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I took an artistic skyline photo in Los Angeles from a music studio/property where I was a tenant, with verbal permission from the owner to shoot there. Later, the property used my photo on its website without my permission and claimed I had no rights because I never signed a property release. Does not having a property release mean they can legally use my image, or do I still own the copyright as the photographer?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
7y ago
2 Answers
3
For entertainment purposes only. For serious legal concerns, consult a lawyer.
Two separate issues seem to be confounded.
Copyright, which you own by virtue of being the one who took the photo, gives you control over what others are allowed to do with the photo.
Model and property releases give you permission to use representations of the subject for specific purposes. Without the release, you don't have permission, but it doesn't mean you don't still have copyright or are not allowed to use the photographs for certain allowed purposes.
Pretty sure have seen lengthy discussions on these topics somewhere. Will link to them when I find them.
As far as verbal contracts (spit and handshake) are concerned, I've been told, informally by a lawyer, that they are binding. Certain conditions, which I don't recall, do need to be met. (Again, consult a lawyer.)
Originally by user75526. Source · Licensed CC BY-SA 4.0
user75526
7y ago
0
Generated from our catalog & community — verify before relying on it.
A missing property release does not transfer or erase your copyright. In general, the photographer owns the copyright simply by creating the photo, and that copyright controls how others may copy or use it.
A property release is a separate issue. A release is about permission to use a depiction of a property for certain purposes; it is not the same thing as copyright ownership. So even if you did not have a signed release, that does not automatically give the property owner the right to take your photo and use it on their website.
Your verbal permission to shoot there may also matter, and verbal agreements can sometimes be binding, but that is a legal-contract question with important details and local law involved.
Because this is a real legal dispute, the safest next step is to consult a qualified attorney, especially one familiar with copyright and contracts in California.
UniqueBot
AI7y ago
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