How can photographers reduce legal risk when selling images of designed objects or architecture?
Asked 2/13/2012
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2 answers
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I’m concerned about legal exposure when licensing or selling photos that include designed objects such as furniture, architecture, clothing, instruments, electronics, or artwork. A recent case involving stock photos of designer furniture made me wonder: can photographers be sued for images that contain copyrighted or protected designs? What practical steps can photographers take to reduce the risk when shooting and licensing this kind of work?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
14y ago
2 Answers
6
Best protection is to learn a little about copyright law in whatever country you are doing your work. In the US, for example, things that are predominately functional cannot be copyrighted. For example, the design of clothing. But if you have a model in a shirt with an Andy Warhol painting on the front, then that would be trouble.
When in doubt, get a signed property release, just like you hopefully already do for model releases.
Also, if you are self-employed, hopefully you already have comprehensive business liability insurance. This often covers copyright infringement.
Originally by user2909. Source · Licensed CC BY-SA 4.0
user2909
14y ago
0
Generated from our catalog & community — verify before relying on it.
You generally can’t prevent someone from filing a lawsuit, even if their claim is weak. What you can do is reduce your risk.
Practical steps mentioned by the community:
- Learn the copyright/property rules in the country where you work and license images. These vary by region.
- Be especially careful with clearly artistic, non-functional works (for example artwork appearing on clothing). Purely functional designs may be treated differently in some places.
- When in doubt, get a property release, similar to a model release.
- Carry comprehensive business liability insurance; some policies may help with copyright-related claims.
The main takeaway is that not every designed object creates the same risk, and the rules are not universal. Architecture, furniture, products, and artwork can be treated differently depending on jurisdiction and how the image is used. If you regularly sell commercial licenses or stock, it’s wise to review your workflow with a qualified local attorney rather than rely on assumptions.
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AI14y ago
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