Can I sell this?

I was driving along the beach and spotted this boat and took some pictures of it. My question is, can I sell a copy of it? The name of the boat is not showing, Jeff

Why not - even with the name of the boat? - TF

Its in public view so I don't know why not. But I'm not a lawyer either.

Thanks for your replies TF and Frog. I guess I will have some printed up and give it a try, Jeff

It depends on the usage. For fine art prints, I think it's fine. For editorial it would definitely be ok. Where you would run into trouble would be if you used it in an advertisement. Then you would be using it to make money and you'd have to have a release from the owner and maybe even from the passengers on the boat.

Quote:

---

Originally Posted by Photo-John

It depends on the usage. For fine art prints, I think it's fine. For editorial it would definitely be ok. Where you would run into trouble would be if you used it in an advertisement. Then you would be using it to make money and you'd have to have a release from the owner and maybe even from the passengers on the boat.

---

What I want to do is just frame it and sell it along with my bird, landscapes and other shots that I have. Would this be OK? It looks like you have already answered my question but I just want to be sure it is OK, Jeff

Quote:

---

Originally Posted by Grandpaw

What I want to do is just frame it and sell it along with my bird, landscapes and other shots that I have. Would this be OK? It looks like you have already answered my question but I just want to be sure it is OK, Jeff

---

I think so. In this country, anyone can sue you for anything. So there are no guarantees. But I think you're pretty safe in this case. I'd sell prints of it if it were my photo :)

Quote:

---

Originally Posted by Photo-John

I think so. In this country, anyone can sue you for anything. So there are no guarantees. But I think you're pretty safe in this case. I'd sell prints of it if it were my photo :)

---

Does that mean I can sue him for taking nicer pics than I do?:wink:

Quote:

---

Originally Posted by Frog

Does that mean I can sue him for taking nicer pics than I do?:wink:

---

Yes. But it doesn't mean you'll win. The only people who always win in lawsuits are the lawyers :)

I believe P-J is correct regarding a release from the owner of the boat if it is individually recognizable (name of boat showing, or something distinctly unique about the boat), however based on guidance I got from a business law expert, the passengers would only need to sign a release if they were recognizable. For instance, you can take a person of anyone in full silhouette and wouldn't need a release because the image could be one of millions of people. Similarly, if the people are far enough away in a photograph to not be recognized, you shouldn't need them to sign a release. So in this case, lack of tack sharpness can be your friend!