To me a hotel is not public, it's a private building open to the public, like a mall for example (try taking photos there, security are on you right away), just because it is in a state of decay doesn't mean it's any less a private property. Also it depends on the use of the image, I didn't visit the website it was posted in, so not sure if he offers prints of his work, that's when it gets problematic, even for small returns, I would even be cautious of posting to a site that has an ad's banner on it that generates an income over time with visits to the pages with the images that don't have the release on them.
To publish images of the building he should have made inquires as to ownership of it and obtained a property release, much like a model release works with a portrait.
Its understandable that since it has been left to decay he may have not considered this. I really started to turn off from photography when during my studies we got to copyright, model/property releases, I remember one student who took a shot of a huge tree, he was not allowed to submit his work as he was supposed to track down the owner of the land and get a property release for the tree. I just thought this ridiculous, but it was the proper procedure.
I think this is the mistake the building owners made, quoting copyright rather than release. (really takes all the fun and spontaneity out of a days shoot)
Copyright lies with the photographer, but without the release there is a chance of being sued for publishing the images. Trespass laws differ depending where you are, I'm in Scotland and the law is much more relaxed than it is in England, if there is already a hole in the fence or railings around a property and you cause no damage then there is no charge, but you can be done in England for just sitting on someones wall. I'm sure the law elsewhere differs in much the same way.
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Re: Re: Re: Re:
To me a hotel is not public, it's a private building open to the public, like a mall for example (try taking photos there, security are on you right away), just because it is in a state of decay doesn't mean it's any less a private property. Also it depends on the use of the image, I didn't visit the website it was posted in, so not sure if he offers prints of his work, that's when it gets problematic, even for small returns, I would even be cautious of posting to a site that has an ad's banner on it that generates an income over time with visits to the pages with the images that don't have the release on them.
It's something to keep in mind.
Re: Re: its not copyright that is the problem
I'm in the UK, so maybe that is the difference.
Actually, i'ts pretty much the same after a quick search on google, here is US equivalent:
http://asmp.org/tutorials/property-and-model-releases.html
its not copyright that is the problem
To publish images of the building he should have made inquires as to ownership of it and obtained a property release, much like a model release works with a portrait.
Its understandable that since it has been left to decay he may have not considered this. I really started to turn off from photography when during my studies we got to copyright, model/property releases, I remember one student who took a shot of a huge tree, he was not allowed to submit his work as he was supposed to track down the owner of the land and get a property release for the tree. I just thought this ridiculous, but it was the proper procedure.
I think this is the mistake the building owners made, quoting copyright rather than release. (really takes all the fun and spontaneity out of a days shoot)
Copyright lies with the photographer, but without the release there is a chance of being sued for publishing the images. Trespass laws differ depending where you are, I'm in Scotland and the law is much more relaxed than it is in England, if there is already a hole in the fence or railings around a property and you cause no damage then there is no charge, but you can be done in England for just sitting on someones wall. I'm sure the law elsewhere differs in much the same way.