places. I know this has been talked over and I am not really seeing too many posts dealing with this directly. One other thing I am planning on trying besides my notecards are some postcards. Someone has given me the idea of going around the Lexington area and taking pictures of the entrances to some of the more prominent horse farms there to use as postcards. Do I need to contact the farms for permission, or can I do this since I won't necessarily have to be on their property to get the pic? Thanks for any advice.

You will need a property release. If it were editorial, you may get away without one, but for commercial purposes, you'll need it.

Ok, can I go ahead and take the pics then get the permission to use them, or would it be better to get permission first?

If you have a good folio, perhaps you could show that to the owner, if not, shoot some photos, and show them how you "see" their property, and how you plan to portray it. That should put them at ease, and loosen them up about you using the image of their space. Secondly, I would come with an agreement in hand that they can read, perhaps as a sample agreement, showing your exact intention with the images.

Good Luck.

Payne is not correct. Property cannot be "copyrighted" and photos can be taken on and of private property and have been for decades and used for commercial purposes. I have seen magazine shots of prominent celebrities on private islands that have been shot without permission and used. Needless to say, owners would like to cash in on the use of their property in photographs but that does NOT mean that they have any right to do so.

Ronnoco

It's always better safe than sorry, and think about the future. What if you don't get permission, they get mad cause your making money off them, you never get any business from them. Now, you ask for permission, they like your work, and perhaps it grows into a business relationship, they recommend you to friends/family for jobs. Legal may keep you out of court, but bad business relationships in the community will keep you out of business.

Bottom line IMO, get permission.

BTW, yeah, I guess after some reviewing I am somewhat wrong, let me clarify. If you use a zoom lens and a court sees it as a violation of reasonable privacy, you could be in trouble. Furthermore, I believe if the name of the farm is copyrighted, you could have a problem. Depending on your local laws, if the area you are photographing has a copyrighted original work (sculpture, sometimes architectural elements after 12/1/1999) it may be a problem. Why run the risk?

BTW, yeah, I guess after some reviewing I am somewhat wrong, let me clarify. If you use a zoom lens and a court sees it as a violation of reasonable privacy, you could be in trouble. Furthermore, I believe if the name of the farm is copyrighted, you could have a problem. Depending on your local laws, if the area you are photographing has a copyrighted original work (sculpture, sometimes architectural elements after 12/1/1999) it may be a problem. Why run the risk?

Violation of reasonable privacy is only applicable if you shoot a person on their own property and in one case, even a nude shot on private property was permitted by the court.
A photo by the way of the name of a farm etc. whether copyrighted or not is irrelevant, since it does not violate copyright. Use of the photo would have to be fradulent in nature related to what the farm produces, again based on case law. Sculpture in a permenant location is also photographicable under the law and not a violation of copyright.
A photo also is not considered a violation of copyright of any architectural element in any normal commercial use.

Ronnoco

In terms of your rights as a photographer, my philosophy has always been:

Use them or lose them!

Ronnoco

Law is open to interpretation, and this is where most of the trouble comes in. My sources have not be validated, and I could possibly be wrong.

However, this is not a strong area of knowledge right now, as I typically shoot wild animals on public property, or events I am invited to, or get access to upon arrival.

Call your local village hall or city hall or town hall or whatever you have, and ask them. It may vary from city to city.

For example, I can not photograph people for money at my home, I can collect money and meet with them, but I can not take the actual photos here. In the town 5 miles over, I could photograph naked ladies on my front lawn in view of all passing traffic if I wanted to.

Law is open to interpretation, and this is where most of the trouble comes in. My sources have not be validated, and I could possibly be wrong.

However, this is not a strong area of knowledge right now, as I typically shoot wild animals on public property, or events I am invited to, or get access to upon arrival.

Law may be open to interpretation but it helps if you deal with and learn from a great lawyer. I am currently working with one of the best, that will be extremely well paid when certain issues are settled. I have also dealt with copyright lawyers in sessions with management of copyright users and I have give workshops on copyright to media producers.

As one who photographs a wide variety of subjects for an extreme range of purposes, I find it absolutely necessary to know every aspect of the law and copyright.

Ronnoco

Call your local village hall or city hall or town hall or whatever you have, and ask them. It may vary from city to city.

For example, I can not photograph people for money at my home, I can collect money and meet with them, but I can not take the actual photos here. In the town 5 miles over, I could photograph naked ladies on my front lawn in view of all passing traffic if I wanted to.

You seem to be talking by-laws and that is an extremely different area, and in reality not very enforceable. By-laws are uniformly ignored by many ethnic groups who for example breed rabbits or other animals in the city for food purposes, despite several complaints from everyone in the neighbourhood. By law officers come out and issue warnings but no follow-up is done. By-laws have no teeth, despite the rhetoric and warnings.

Ronnoco

teeth or not, if a simple phone call can save you future headaches, why would you not do it.

teeth or not, if a simple phone call can save you future headaches, why would you not do it.

Protecting your rights means exercising them, and confronting and dealing with bad laws and in some cases less than intelligent administrators or officials. Photographic rights are worth protecting.

Ronnoco