I will point out that I did say commercial gain, and with this I am through 
with 
this thread.

P. J. Alling wrote:
> That isn't quite true, there is an exception for Fair use and in most 
> cases art prints fall under fair use. We are getting further and further 
> from the case in question, but in that case copyright law is being 
> twisted out of recognition. You don't own a copyright ion your truck or 
> image. That's not why you get a release.
> 
> graywolf wrote:
>> The issue is not the right to take photographs, Peter. The issue is the 
>> right to
>> commercial gain from someone else's property. To legally sell photos of 
>> someone
>> property you need to obtain a Property Release, just as to sell photos of 
>> them
>> you need a Model Release (I use the same simple form for both, see sample
>> below). Why is that hard to understand?
>>
>> SAMPLE (Note this is probably not adequate for nudes, or if big money is 
>> involved):
>>
>> --------------------------------------------------------------------------------
>> PHOTO RELEASE
>>
>> I, ___________________________________, hereby give PHOTOGRAPHER'S NAME, and 
>> his
>> assignees permission to use photographs of me, and/or my property, taken by 
>> him,
>>   for any lawful purpose.
>>
>> SIGNATURE: _______________________________  DATE:_______________
>> (Parent or guardian must also sign if under 18 years of age.)
>>
>> ADDRESS:_______________________________________________________________________
>>
>> PHONE:  ______________________   
>> E-MAIL:__________________________________________
>> --------------------------------------------------------------------------------
>>
>> --graywolf
>>
>>
>> P. J. Alling wrote:
>>   
>>> This just so completely confuses copyright and trademark infringement 
>>> with a bit of the we can control everything cant the Dixie Plantation 
>>> has for the basis of their suit that it's just scary. It seems we 
>>> photographers are already paying for this.
>>>
>>> graywolf wrote:
>>>     
>>>> Well, as to the legality, one does not have the right to sell images of 
>>>> someone 
>>>> else's clearly identifiable property without their permission. One does 
>>>> have the 
>>>> right to take the photos, without violating any laws of trespass, it is 
>>>> selling 
>>>> the images that is questionable. One would assume that the right to the 
>>>> income 
>>>> from ones own property is clear, otherwise I want every one on the list to 
>>>> send 
>>>> me rent. regardless of who owns the property they live on <GRIN>.
>>>>
>>>>
>>>> Jack Davis wrote:
>>>>   
>>>>       
>>>>> Mr Ham had no right to do what he did. "Private" property rights should
>>>>> always be respected especially when privacy is to be compromised by
>>>>> being held up to the world to see.
>>>>> "Privacy" and "security" are too closely related these days.
>>>>> That being said, I'm somewhat ambivalent about being restricted from
>>>>> taking pictures of something which is on private property, but from a
>>>>> public property position.
>>>>>
>>>>> Jack
>>>>> --- Rebekah <[EMAIL PROTECTED]> wrote:
>>>>>
>>>>>     
>>>>>         
>>>>>> Just found this interesting, what do you guys think?
>>>>>>
>>>>>> http://www.thestate.com/local/story/190126.html
>>>>>>
>>>>>> rg2
>>>>>> -- 
>>>>>> "the subject of a photograph is far less important than its
>>>>>> composition"
>>>>>>
>>>>>> -- 
>>>>>> PDML Pentax-Discuss Mail List
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>>>>>> and follow the directions.
>>>>>>
>>>>>>       
>>>>>>           
>>>>>        
>>>>> ____________________________________________________________________________________
>>>>> Be a better Globetrotter. Get better travel answers from someone who 
>>>>> knows. Yahoo! Answers - Check it out.
>>>>> http://answers.yahoo.com/dir/?link=list&sid=396545469
>>>>>
>>>>>     
>>>>>         
>>>>   
>>>>       
>>>     
>>
>>   
> 
> 

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