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Author Topic: Re: Recent Professional Works 2  (Read 1208189 times)

douglevy

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Re: Recent Professional Works 2
« Reply #2760 on: July 13, 2018, 06:18:40 pm »



Favorite from a recent dining project with Boston University. H5X and Credo 60. More here: https://www.douglaslevy.com/index/C0000yJaBBOxN_TA/G0000UI.I.02r8Mg/I00004rJbcxFFlf4 Full gallery is a mix of D5/D850/Credo60

Jeremy Roussak

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Re: Recent Professional Works 2
« Reply #2761 on: July 14, 2018, 03:35:00 am »

Skies in Italy

Superb, Michael.

Jeremy
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MichaelEzra

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Re: Recent Professional Works 2
« Reply #2762 on: July 18, 2018, 02:49:00 pm »

Thanks, Jeremy:) all thanks to nature though!
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MichaelEzra

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Re: Recent Professional Works 2
« Reply #2763 on: July 20, 2018, 01:42:54 pm »

I've been working on series of black and white architecture photos, here is a few.

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Slobodan Blagojevic

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Re: Re: Recent Professional Works 2
« Reply #2764 on: July 20, 2018, 01:58:45 pm »

Well done, Michael.

JoeKitchen

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Re: Recent Professional Works 2
« Reply #2765 on: July 20, 2018, 01:59:37 pm »

Those are nice Michael.  Do they allow you to use a tripod in there? 
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MichaelEzra

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Re: Recent Professional Works 2
« Reply #2766 on: July 20, 2018, 02:15:02 pm »

Thank you guys.

Joe, I haven't tried bringing it there:)

I am curious if such photos require a property release for sale of prints, publication, etc.
« Last Edit: July 20, 2018, 02:21:11 pm by MichaelEzra »
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JoeKitchen

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Re: Recent Professional Works 2
« Reply #2767 on: July 20, 2018, 03:02:42 pm »

Thank you guys.

Joe, I haven't tried bringing it there:)

I am curious if such photos require a property release for sale of prints, publication, etc.

Really you don't need a property release ever to use an image of a building.  Only people have a right to privacy/publicity and buildings can not be copyrighted, or trademarked, such that it prevents the images from being used.  (Architectural drawings can be copyrighted, but physical buildings can not.)

Now anyone can sure anyone for anything, and having a property release certainly puts people (gallerists, editors, advertisers) at ease.  However, no court has ever upheld a suit against a photographer over usage of a building image in the USA.  Of course defending yourself will cost money.

I would say any newsworthy publication or fine art usage would be fine and should not give you cause to worry.  Advertising usage, I would be a little more careful about. 
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MichaelEzra

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Re: Recent Professional Works 2
« Reply #2768 on: July 20, 2018, 03:10:25 pm »

Great info, thanks, Joe!

Its a pickle though with advertising as one has to advertise the image in order to sell the print. I need to look into this.
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MichaelEzra

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Re: Recent Professional Works 2
« Reply #2769 on: August 19, 2018, 06:54:46 pm »

Having fun with my son, his lovely girlfriend and 645z:)

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cgarnerhome

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Re: Recent Professional Works 2
« Reply #2770 on: August 19, 2018, 10:33:10 pm »

Love it!

MichaelEzra

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Re: Recent Professional Works 2
« Reply #2771 on: August 20, 2018, 11:03:32 pm »

Thanks:) this of course is more suitable for another thread on "having fun", professionally.

Let's see more pro work, guys!

Here is a "Girl with no earring"

« Last Edit: August 21, 2018, 02:16:02 pm by MichaelEzra »
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Don Libby

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Re: Recent Professional Works 2
« Reply #2772 on: August 21, 2018, 12:00:00 pm »

I've been playing in the water for a couple weeks now.  All shot with a Fujifilm GFX50s, GF120 with and without the 45mm extension tube.

David Eichler

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Re: Recent Professional Works 2
« Reply #2773 on: August 27, 2018, 06:14:19 am »

Really you don't need a property release ever to use an image of a building.  Only people have a right to privacy/publicity and buildings can not be copyrighted, or trademarked, such that it prevents the images from being used.  (Architectural drawings can be copyrighted, but physical buildings can not.)

Now anyone can sure anyone for anything, and having a property release certainly puts people (gallerists, editors, advertisers) at ease.  However, no court has ever upheld a suit against a photographer over usage of a building image in the USA.  Of course defending yourself will cost money.

I would say any newsworthy publication or fine art usage would be fine and should not give you cause to worry.  Advertising usage, I would be a little more careful about.

I believe that is that is the case in the US. However, it is not so in some other countries. I seem to recall that Italy and France, for example, are more restrictive about this that you actually need government permission to use photos of some buildings. Perhaps someone from Europe can clarify.

Also, while there appears to be no specific law in the US requiring a property release, there is also the matter of copyright. In a very limited number of cases, you would need the permission of the architect (or whoever holds the copyright if the architect does not). However, this only applies to buildings built after 12/1/90 that cannot be viewed from a public space.

There might also be an issue with a few buildings that are trademarks, such as the Transamerica pyramid, though I think that only applies when the building is clearly the subject of the photo.
« Last Edit: August 27, 2018, 06:50:33 am by David Eichler »
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JoeKitchen

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Re: Recent Professional Works 2
« Reply #2774 on: August 28, 2018, 11:09:14 am »

I believe that is that is the case in the US. However, it is not so in some other countries. I seem to recall that Italy and France, for example, are more restrictive about this that you actually need government permission to use photos of some buildings. Perhaps someone from Europe can clarify.

Also, while there appears to be no specific law in the US requiring a property release, there is also the matter of copyright. In a very limited number of cases, you would need the permission of the architect (or whoever holds the copyright if the architect does not). However, this only applies to buildings built after 12/1/90 that cannot be viewed from a public space.

There might also be an issue with a few buildings that are trademarks, such as the Transamerica pyramid, though I think that only applies when the building is clearly the subject of the photo.

Yes, I think Europe is different, but from what I have read, because more items can be copyrighted.  For instance, structures can not be copyrighted in France (I believe) but lighting designs can.  This means that a picture of the Eiffel Tower during the day is no big deal; at night though, you could run into problems. 

Insofar as copyrighting buildings (or lighting designs) in the USA, I am nearly certain this is not allowed regardless if you can see it or not from a public space.  By US copyright law, you can not copyright anything that is utilitarian in nature.  A building is a utility, therefore it can not be copyrighted.  Nether can fonts; I know because I designed a font and I was denied copyright of it.  Same thing with any type of clothing; the Mardi Gras Indians have tried to copyright their costumes over the years and have always been denied. 

Now building plans, they can be copyrighted and, since no building can be built without plans on record (by law), you can't rebuild a building without violating the copyright of the original architect's plans. 

Insofar as trademarking a building, I believe this was settled with the Rock & Roll Hall of Frame case years back, at least in the USA. 

PS. I found this on an intellectual property attorney's website relating to utilitarian objects. "The United States Copyright Office has generally refused to register claims to copyright costume design on the ground that costumes are useful articles that ordinarily contain no artistic authorship separable from their overall utilitarian shape. However, where a costume design contains a separable pictorial or sculptural authorship, copyright protection is available. The “separable authorship” means that the portion of the costume claimed to be protectable must be physically separable (the work can be physically removed from the costume), or conceptually separable (the work is independently recognizable and capable of existence apart from the overall utilitarian shape of the useful article)."
« Last Edit: August 30, 2018, 09:37:36 am by JoeKitchen »
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Slobodan Blagojevic

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Re: Re: Recent Professional Works 2
« Reply #2775 on: August 28, 2018, 01:07:56 pm »

Really you don't need a property release ever to use an image of a building...

It seems more complicated than that, when it comes to commercial use:

https://helpx.adobe.com/stock/contributor/help/property-release.html

JoeKitchen

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Re: Re: Recent Professional Works 2
« Reply #2776 on: August 28, 2018, 01:36:17 pm »

It seems more complicated than that, when it comes to commercial use:

https://helpx.adobe.com/stock/contributor/help/property-release.html

I think the issue here is to help prevent someone from trying to sue you, which can cost money to defend regardless if you loose or win. 

Anyone can bring suit onto anyone for pretty much anything, which will cost money to defend.  Of course many cases will get thrown out of court (for various reasons), which will more then likely happen if the person suing has already signed a property release.  Thus the cost to defend will be very low and in the best interest of any photographer or stock agency.  I am not denying this; also I dont just allow my work for generic usage without getting permission beforehand due to this. 

However, if there is no property release and it makes it to court, more then likely the photographer will win.  There has never been an award issued in the USA for a right of privacy/publicity suit for any other item than a person.  No property, including pets, cars, houses, buildings, etc, has a right to privacy or publicity, so far as I know and I have read up on this. 

This is not to say you won't have to spend a large sum defending yourself, such as the Left Shark artist against Katy Perry (different kind of suit, copyright violation, but similar is respect to being frivolous and overzealous).  If you get into this situation, whether or not you want to spend the effect protecting yourself would be up to debate as well.  More then likely, in most cases, the photographer would just throw his hands up and walk away. 
« Last Edit: August 30, 2018, 09:34:10 am by JoeKitchen »
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MichaelEzra

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Re: Recent Professional Works 2
« Reply #2777 on: August 29, 2018, 02:26:47 pm »

"From the beginning"

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MichaelEzra

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Re: Recent Professional Works 2
« Reply #2778 on: August 30, 2018, 10:46:05 am »

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Eric Myrvaagnes

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Re: Recent Professional Works 2
« Reply #2779 on: August 30, 2018, 11:06:08 am »

These are amazing as usual, Michael.
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-Eric Myrvaagnes (visit my website: http://myrvaagnes.com)
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