Re: [CR]Re: Bike photography at Cirque

(Example: Component Manufacturers:Avocet)

From: "David Goerndt" <davidg@iag.net>
To: <classicrendezvous@bikelist.org>
References: <55.575343b6.2dd3ff93@aol.com>
Subject: Re: [CR]Re: Bike photography at Cirque
Date: Wed, 12 May 2004 19:37:07 -0400



> Changing technical subject to legal aspect, I wondered how the image copy
> right is established for clasic bike images.
>
> The bike in the show owned by someone, and yes it is in public display,
> therefore;
> anyone can mphotograph it. But if non nowener photogpah a bike in
> professinal
> manner and publish it for his/her gain without the owner's concent, this
> could be
> a bit problem, isn't it?
>
> But if the photo was seen as a part of all over display in public area, and
> there was
> no special focus to the certain bike, this is a part of public image domain
> and no
> one can claim image right. This is my understanfing. I can take people in
> side walk
> as part of city scape, but I can not close into a certain person to
> show/describre in

Not true, you can photograph anyone as long as they are in public. You can't use their image for commercial gain without a release.

t. This image right is excluded if he/she is a public
> figure, and
> known to rest of polulation.
>
> During the Cirque, my partner photogpaher Paul Brown told me that someone
> came
> to out photo studio setup and wanted have all bike images that we
> photographed.
> In this case, the images are created by us photograper with owner's expensed,
> therefore; the images copyrights are own by photographer and the owenr of
> bike.

Only if there was a contract stating this.

BUT, EVEN I CAN NOT USE NOR PUBLISH WITHOUT "MODEL RELEASE" from the
> owener of the bike.

Again, a model's release isn't required since the bike isn't a model. You may need a property release to use the photos in a commercial way. You can use them for editorial use or a portfolio. You might run into trouble if you want to do a calender, a commercial use.

Ken,

I'm not a lawyer and don't play one on TV, so take this with a large grain of salt. Only the design of a bike is covered by copyright and that copyright doesn't transfer to the owner. Any photo you take is copyrighted by you or the photographer taking the photo. If you photograph an object that is in public you can photograph it. This applies to people also. The rub comes when you try to use a person's image in a commercial sense without a model's release. An object or a structure can be photographed without any release as long as you didn't trespass to obtain the photo. Even though a client pays for the photography, the copyright is soley owned by the photographer unless a contract states otherwise. Work for hire is another story, If you were working for a company that, as part of your job, required you to do photography, the company owns the copyright.

David Goerndt
Orlando, FL