what's photographable…?

Photographing Public Properties

The question often comes up in publishing circles, "Can I use this photo of this property?"

The necessity for a property or model release is dictated by a photo's eventual use. In the case of locations such as the pyramids, the Siq, Jordan biblical sites, or the Minoan palace at Knossos, Crete, whether the photograph depicts the inside or outside of the site, or whether it's the Rock 'n' Roll Hall of Fame or the rock Tombs at Petra, no model or property release is required if the pictures are used to "inform and educate" (editorial use). Only if such a picture would be used for a commercial purpose -- advertising, promotional, endorsment -- would the publisher ever need a release. This would apply to archaeological digs, as well.

The confusion over whether a public object can be photographed and published, most usually comes from persons who arrive at the stock photography industry through the commercial door rather than through the editorial door. Or stems from well-meaning but erroneous advice written by magazine columnists who are unaware of your or their First Amendment Rights.

 Persons who have worked in the newspaper industry most of their career, know that model or property releases are not needed if the photo is to be used "to inform or to educate." In contrast, researchers who have worked in the commercial or advertising sector, e.g. corporate, advertising, or graphic art services, know that any photo used for endorsement or advertising purposes always requires a model or property release.

About $70,000 a day is spent on editorial photography world-wide. That's about 1/5 of what is spent daily on commercial stock photography.  Although the monetary rewards for photographers in the editorial field are not as high up front as in the commercial field, other rewards abound. Editorial photographers remain more in control of their photography and time, and although the per picture fee for editorial use is not as high as in commercial stock photography, most publishers buy in volume, and stay as long-term clients, which often makes up the difference over the long haul.

WHEN AVAILABLE

Of course, if model or product releases are conveniently available for the asking, the photographer should go ahead and get them, as that will allow those images to be available for a commercial use if the opportunity arises.

The general rule is, if the photographer is in a public place (whether they pay admission or not) they can photograph freely. Only if he/she is trespassing would they run into the law. In the USA, trespass restrictions in public places are not as rigorous as may be encountered in a foreign country. Even in these times of heightened suspicion,security guards and law enforcement officers are usually aware of citizens’ rights when it comes to photographing in public. In sensitive areas such as aviation or petroleum -- there can be restrictions. However, here at PhotoSource International we have heard reports of some instances of security guards accosting a photographer for photographing a "sensitive" site, only to find later that the same photo was available on the company's website!

Rohn Engh is director of PhotoSource International and publisher of PhotoStockNotes. Pine Lake Farm, 1910 35^th Road, Osceola, WI 54020 USA. E-mail: info@photosource.com . Fax: 1 715 248 7394. Web site: www.photosource.com.