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Selling Photos - Written Permission?

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  • Selling Photos - Written Permission?

    I have recently been told by an administrator of a facility that has horses, that if I want to sell any photos taken at that public venue (you have to pay to get in, but it's owned by a government agency), that I need written permission from the administration. This is a tourist attraction in Canada. Any insights?
    Last edited by draftdriver; Jul. 30, 2012, 09:04 AM. Reason: Add more detail
    My Equestrian Art Photography page

  • #2
    just written permission?

    I'd talk to them and clarify before I panic. Seems like a simple thing to do as long as they don't expect a cut...

    But certainly do call them and ask them why.

    Comment

    • Original Poster

      #3
      I think I haven't explained clearly enough. I think the situation would be analogous to standing in the Niagara Parks Commission Park, taking pictures of Niagara Falls, then being told that you would have to have written permission to sell those photos, or photos of flowers in the park.
      My Equestrian Art Photography page

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      • #4
        That seems rather odd.

        Comment


        • #5
          Akin to going down to the racetrack, taking photos of the horses winning, and trying to sell the connections a win photo, cutting into the hired track photographer's business? I guess technically they could enact the "please leave our private property" rule in a case where you were told to get written permission and ignored it. Such things have been held up in court with people barred from tracks. Just an example. I would call the NPC lands more a public space than the privately owned yet still government operated (in the case of Fort Erie) racetrack. Its the "facility" part that is catching my eye; as in a structure with admission, even if free, with utilities, an address, and likely its own media representation for both video and images you may be imposing upon.

          Comment


          • #6
            Yep. In some cases you'll need a property release to publish or sell photos.

            Nighttime photos of the Eiffel tower are the first thing that comes to mind, and many zoos forbid commercial photography.

            What does the fine print on your admission ticket say?

            Here's an article that touches on it: http://researchcopyright.blogspot.co...ing-stock.html

            (Oops, I just realized you said it's in Canada, so the article may not be relevant.)
            --
            Wendy
            ... and Patrick

            Comment


            • #7
              Originally posted by jengersnap View Post
              Akin to going down to the racetrack, taking photos of the horses winning, and trying to sell the connections a win photo, cutting into the hired track photographer's business? I guess technically they could enact the "please leave our private property" rule in a case where you were told to get written permission and ignored it. Such things have been held up in court with people barred from tracks. Just an example. I would call the NPC lands more a public space than the privately owned yet still government operated (in the case of Fort Erie) racetrack. Its the "facility" part that is catching my eye; as in a structure with admission, even if free, with utilities, an address, and likely its own media representation for both video and images you may be imposing upon.

              But she is not talking about private but publicly owned property...

              I dn't see where they ahve a leg to stand on but it's Canada and I am no lawyer (and I can't remember when I last saw a Holiday Inn Express...)

              Comment


              • #8
                Actually, she said a public venue owned by a government agency. All of the Niagara Parks Commission, as correctly mentioned, is a government agency that maintains things like the parks/gardens/buildings along the Canadian side of Niagara Falls. I used the Fort Erie Racetrack because it is also a public venue operated by a government agency; in this case, the town of Fort Erie is operating it as a non-profit org. Thus it is a public venue operating under a government agency, FELRC in this case, with horses, in the region mentioned. So I took a guess it may be a possible scenario. People who come on the track to take photos for media publication must state they are media to the track. It might be a similar situation if selling photos taken in such a venue.

                Comment


                • #9
                  Interesting point. Around here racetracks are privately owned.
                  I figured it was like the Kentucky Horse Park...
                  Of course they would have a problem I am guessing if you sold pictures of their residents, but any old horse?



                  However, if the permission letter does not cost any money, why not just go ahead and get it?

                  Comment

                  • Original Poster

                    #10
                    I wouldn't be foolish enough to try to sell race track photos. I realize that the track photographer has the contract sewn up for that.

                    The admission ticket is a cash register receipt. I just looked at it -- nothing on it about not selling photos. No signs about not selling photos, as far as I can remember. The place is swarming with tourists with cameras.
                    My Equestrian Art Photography page

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