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Poster Post
12/05/2009 7:26:28 p.m.

cathynzl

Posts 3 		Hi all,
I've got a question regarding property releases. I found a paragraph in the copyright act that if an artwork is placed in a public place you don't need a property release. I was discussing that with friends and we couldn't come to an agreement. Does anyone know if the property release is necessary in that case?

Here are the link to my source.
http://www.copyright.org.nz/viewFaq.php?faq=367

Cheers for your help,

Cathy
12/05/2009 8:51:33 p.m.

kathleen

Posts 221 		Hi Cathy.
I took some photos in the square in Palmerston North of the statues, clock tower and some maori art outside and on the City Council Buildings. I went into the council to ask if I could see someone about needing a property realease for the artwork on the council building and around the square, and she said it was a public place and for the public and I did not need a property release for my photos.

Not sure if that fits for everywhere, I suppose its a matter of asking councils to make sure if it is on council public property.

Kathleen.
12/05/2009 9:15:42 p.m.

fatsprat

Posts 135 		Hi Cathy, that's a great website and a good resource for photographers. I had a photo of Len Lye's wind wand rejected because of lack of property release, which is kinda what I was expecting but thought I'd try it out anyway. But according to that site I don't need one. So it would be good to confirm that information for our future reference, maybe if someone from chillybin administration could check it out?
Karen
13/05/2009 3:52:08 p.m.

Rosie

Posts 157 		Hi everybody,

Well this forum has really resulted in a colourful debate in the mcb headquarters!

We have done extensive research into the property release laws prior to launching the site and have found that the need for property releases are not always black and white. There is often an exception to the rule. For example, the Auckland Museum, Waitangi Grounds and Britomart train station do not allow images to be sold commercially without permission (and in some cases additional licences).

This is why we always require the photographer to confirm if they have the rights to sell their image for advertising usage.

However, we are going to continue discussing the subject of fixed artwork, sculpture or works of artistic craftsmanship in a public place and whether we do indeed accept them without a property release.

We would love to be able to include these types of images in the mychillybin library as often they are so iconic and represent New Zealand places.

We would be keen to hear of other peoples experiences and views on this matter.

Cheers,
The mcb team
13/05/2009 4:34:57 p.m.

Pixelated

Posts 107 		[url=]http://www.med.govt.nz/templates/Page____7290.aspx

I have found this government site very useful in the past when researching copyright matters, if it's any help to you.
13/05/2009 4:36:42 p.m.

Pixelated

Posts 107 		darn! I can never figure out how to edit my posts! I tried to make that a url.
13/05/2009 6:18:03 p.m.

Pixelated

Posts 107 		In the site I mentioned it has an explanation of copyright for artists' works. I was under the impression therefore that some statuary work etc. would be off limits for us to sell as stock if they are the main focus of the composition. I believe that if they happen to be in a landscape composition where they are 'part of the environment' it should be okay.

Somewhere around the world (I read some weeks ago), the US I think, a graffiti artist is sueing a photographer for photographing his art work and selling the prints in a gallery. It's the selling of the prints he objects to, even though his work was in a public place. Although not in NZ, this is something we need to be aware of.

Incidentally, photographers' works are covered by our copyright laws under artists' works.
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Home > Photography > Property release

Select General image use for all applications that are not purely editorial in nature.

General includes, for example;

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This image is available for both General use, and also for Editorial use

General use, in short, includes;

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Select Editorial image use for images for editorial use in:

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Note that whilst these images will be suitable for Editorial Use, some of these images are not able to be used for General purposes as they contain brands, people, etc without needed legal releases.

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This image is available only for editorial use.

In short, this means material of genuine public interest and containing no commercial message, advertorial content, or similar. Material such as;

These Editorial Use Only images are not available for General purposes as they may contain identifiable people, intellectual property, etc, without needed legal releases.

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Select the Exclusive Use Licence Full or Forward for exclusive image use, for a specified period of time.


May be used in the following applications:

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Except when the actual image is shown to be for Editorial Use Only, then it can also be used for the specified period in the sames way as the Enhanced Licence, as follows

(ii)   Items not for resale (e.g. ads, marketing materials, websites, social media posts, unpaid apps, posters, flyers, reports, ...)

(iii)   Items for resale (e.g. use of image on coasters, paid apps, screensavers, or printed map books, reports, magazine covers etc that are sold on websites or through shops ...)

Specified Period - images may not be used beyond the specified period, without a further licence of some type being obtained.

For more including prohibited uses, see full Standard Licence, Enhanced Licence, Exclusive Licence, or email your query to [email protected] for rapid response.

Select the Enhanced Licence for any of the following:

(i) Items not for resale (e.g. ads, marketing materials, websites, social media posts, unpaid apps, posters, flyers, reports, ...)

(ii) Items for resale (e.g. use of image on coasters, paid apps, screensavers, or printed map books, reports, magazine covers etc that are sold on websites or through shops ...)

The Enhanced licence is not needed for Editorial Applications.

For more, including prohibited uses, see full Standard Licence, Enhanced Licence, Exclusive Licence, or email your query to [email protected] for rapid response.

Select the Standard Licence for any of the following:

(i) Editorial content of general public interest in blogs, social media, newspapers, magazines, newsletters

(ii)  Items not for resale, up to 100,000 copies

(iii) Items for resale - not coveredThe Enhanced Licence or the Exclusive Licence are needed for items for resale.  Items such as paid apps, coasters, place mats, sold books, greeting cards, etc.

For more, including prohibited uses, see full Standard Licence, Enhanced Licence, Exclusive Licence, or email your query to [email protected] for a rapid response.