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Author Topic: Airport Art  (Read 910 times)

Two23

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Airport Art
« on: April 19, 2018, 11:53:08 pm »

Kind of off topic for this forum, but I have a question about photography.  Someone from the medium sized airport in my city contacted me and asked if I was interested in letting them display some of my photos in their main lobby for six months.  I think we're talking about a dozen or so at most, with sizes ranging from 11x14 to 20x30 (inches, not meters).  They are interested in local/regional scenes.  I'm assuming they want "happy" scenes, not the photo I took of half a deer carcass lying on the railroad tracks or something.  I would have to pay for the prints, but I was told I could stick a price tag on them and sell them.  I'm guessing the total cost to me would be less than $500, and maybe about $300.  The prints fit into plexiglass mounts they already have.  I have a number of photos I think they'd like, and most all were shot with either a Nikon D800E and top notch lenses or with a 4x5.  I use a tripod for ~90% of my shots, so I think they would enlarge well.  I do shoot wedding & portraits for $$ and those have enlarged very well.

Now for the only factor that makes me hesitate a little.  In addition to trains and grain harvesting, I photo a lot of regional "events" such as rodeos, ice racing, state fairs, etc.  A number of my better photos have clearly identifiable people in the shots and I don't bother getting model releases since I shoot these mostly for fun.  I have used some of these photos for magazine articles in the past without any problem, but really doubt I could sell them without a release.  I'm not even sure I can use them in this exhibit even if I don't sell the prints?  I've not done any of these kinds of public exhibits before.  In the 1990s I did shoot photos for regional stock agencies but always got a release for those.   So, any thoughts on this?

To make my post more in line with Coffee Corner standards, I'll add that yesterday I killed an endangered species with an illegal weapon (while wearing a "Make America Great Again" hat), and tonight my wife cooked it and we ate it.


Kent in SD 

« Last Edit: April 20, 2018, 12:11:32 am by Two23 »
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Slobodan Blagojevic

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Re: Airport Art
« Reply #1 on: April 20, 2018, 12:05:26 am »

I am not a lawyer, and do not know SD laws specifically, but in general terms, you do not need releases for a gallery exhibit (which is what it is in your case), as that is not considered “commercial use,” even if you sell it.

LesPalenik

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Re: Airport Art
« Reply #2 on: April 20, 2018, 01:10:49 am »

Slobodan is right - in general, as long as the images are not used for commercial use (advertisements, printing on T-shirts, etc.), you don't need a model release for fine prints in small print runs (under 200 copies), but it is a gray area. And print buyers may not be that interested in other people (unless it's a family or friends), so if it's easy to remove people from the photo, I would do it.
 
Some people may object to be in the pictures and will sue, but in most cases, such claims were dismissed.  Recently, I took some photos on a relatively empty beach in Naples, and as I walked back to my car, a young couple ran after me demanding to see the thumbnails on my camera to make sure that I didn't get them in some compromising situation. And they were married to each other! Actually, I didn't pay attention to any individuals on the beach, I was there more for the scenery, knowing that if needed, I can clean up the image by cloning any offending persons out. Content aware cloning of any objects on a sandy beach works really well.
 
The following article covers some of the possible issues, describing several real-world cases:
https://www.stevencarlsonphotography.com/blog/2017/8/9/on-the-legal-issues-of-selling-concert-photography-prints
 
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Eric Myrvaagnes

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Re: Airport Art
« Reply #3 on: April 20, 2018, 08:10:58 am »

Slobodan and Les are right.

But I'm curious: How did the hat taste after your wife cooked it?  ;)
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LesPalenik

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Re: Airport Art
« Reply #4 on: April 20, 2018, 08:17:25 am »

I guessed at a bunny caught on Kent's trapline. First you eat it, and then you make a hat.
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JoeKitchen

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Re: Airport Art
« Reply #5 on: April 20, 2018, 12:36:06 pm »

Although everyone is correct that you do not need a model release for fine art work and any suit will ultimately be thrown out (in the USA), it will cost time and money to fight any such suit. 

Due to this, many galleries do require model releases when showing work with people in them, especially in NYC. 

Same thing with buildings.  No property has a right to privacy (or publicity), and no court has ever held up a suit that a property owner has brought against a photographer/advertiser.  But this does not mean fighting such suits are cheap; a great example would be the Rock & Roll Hall of Fame case.

When in doubt it is always best to have a release.   
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Peter McLennan

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Re: Airport Art
« Reply #6 on: April 20, 2018, 12:39:28 pm »

When in doubt it is always best to have a release.

Frequently impossible.  Always inconvenient. Removes the rights of photographers to photograph anything visible from a public location.

This advice reminds me of the privacy defence aphorism "If you've done nothing wrong, you don't have to worry"
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