RE: Photo Releases

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Through the forum I would like to request for advice from our fellow photographer members on the issue of releases. I have a photo that shows parts of a metal sculpture and a chapel in the background that I took at Caleruega (Batulao, Batangas). What I’d like to know is if I need a release (property and/or artist release for the chapel/building and sculpture portions of the photo) if I used this for commercial purposes. This photo is being considered right now for use in a publication (book).

(For those of us who have not been to Caleruega, it is a place where one can find silence, solitude, peace – an excellent place for reflection – and the many photographic opportunities around is a real bonus. Last time I was there about a year ago, the entrance fee was P20/person. (URL: http://www.caleruega-philippines.ph/ (http://www.caleruega-philippines.ph/) )

I would greatly appreciate any information or advice on this subject.

Thanks very much for your help!
Marlon Ordonez

Hi Marlon,

There is a big possibility that you will be needing a property release from the Church located on the background of your main subject since you will be using it for publication. You might also be required to pay a shooting permit. To avoid any legal complications, it is advisable to seek permission from the church authorities or property owner. Sometimes, if you know how to negotiate well, you don't even have to pay a single centavo. There are instances wherein a simple acknowledgement or courtesy call (verbal consent) is enough. Try to ask around before you leave the venue of the shoot next time to minimize cost. Good Luck and Best Regards.

I agree with Dino... a simple gesture of acknowledgement in the publication will suffice in most situations. Of course, next time you intend to take pics such as this with commercial intent, it would be prudent to request for some sort of written permission.

Hi Marlon,

There is a big possibility that you will be needing a property release from the Church located on the background of your main subject since you will be using it for publication. You might also be required to pay a shooting permit. To avoid any legal complications, it is advisable to seek permission from the church authorities or property owner. Sometimes, if you know how to negotiate well, you don't even have to pay a single centavo. There are instances wherein a simple acknowledgement or courtesy call (verbal consent) is enough. Try to ask around before you leave the venue of the shoot next time to minimize cost. Good Luck and Best Regards.

Thanks for the enlightenment eric,

ive also a lot of questions re releases for many months now, maybe anyone can give their insights..

1) would verbal release suffice? i mean what would a photographer face if he doesnt have a written release?

2) where and what does a release this apply to?

3) is it required to have a release if a magazine wants your pic published? what about OTS contests when we take pics of people in the street and we get to exhibit them?

and so on...lots more questions sana but it may be too much for this forum :)
thanks

Hi Eric & Raymond,
Thanks very much for the advice - I'll try to get the release from the owners. I guess I should have known better when I did the shot - but my orignal intent was purely for personal use (maybe enter contests at the most) - probably much wiser now ;-).
Really appreciate the enlightenment guys!
Cheers!
Marlon

Actually, you do not need a release if both are true: (a) you took the photograph while on public grounds or on other property open to the public and (b) the property's design is not a registered trademark (e.g., the top part of the Prudential Tower).

I was actually inside the Caleruega grounds when I took the photo - it's open to the public, subject to paying the entrance fee (P20/person). On the property's design, I wouldn't know offhand if it has a copyright - would have to check on this. Thanks, Nick - appreciate it!

Hi Marlon,

Perhaps this will help. That sculpture was made by Ben-Hur Villanueva. I strongly suggest that you just ask permission from him. He is based in Baguio (Arko ni Apo) and very near the studio of BenCab (near Lourdes Grotto).

I personally know him since i bought a sculpture from him. He is a very nice fellow (fatherly figure) and I am sure he really wouldn't mind if properly acknowledged.

fol

Hi Fol,
That's really great info - I'll surely get in touch with Mr. Villanueva before getting into any commercial agreements on the photo. Thanks very much - really appreciate your sharing this.
Regards,
Marlon