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» The Letterville BullBoard » Old Archives » Do I need to ask permission?

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Author Topic: Do I need to ask permission?
Dawn Ellis
Resident


Member # 3529

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I'm planning to have some postcards made with samples of some of my work. The examples will be boat names. Do you think I should ask the boat owners for permission to use the picture of the boat name I did for them?

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Dawn Ellis
Signs by Dawn
Long Beach, CA
signsbydawn@aol.com

Trust yourself. Listen to the voice within. It is always right.

Posts: 456 | From: Long Beach, California | Registered: Jan 2003  |  IP: Logged | Report this post to a Moderator
Linda Silver Eagle
Visitor
Member # 274

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Dawn,

Hopefully they aren't with the Witness Protection Program and won't have any qualms with it.

To be polite, you could ask. I always took pictures and the clients knew I would use them for my portfolio. I never had a client get upset about the idea. Most of them seemed pretty excited!

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Linda Welborn
Aigle D'Argent

678-292-3102

http://www.precious101.com

Posts: 2501 | From: GA | Registered: Nov 1998  |  IP: Logged | Report this post to a Moderator
Rick Sacks
Resident


Member # 379

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I doubt the boat owners will be offended, but Bud Harris might.

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The SignShop
Mendocino, California

http://www.mendosign.com

Making the simple complicated is commonplace;
making the complicated simple, awesomely simple, that's creativity. — Charles Mingus

Posts: 6849 | From: Mendocino, CA. USA | Registered: Nov 1998  |  IP: Logged | Report this post to a Moderator
Rosemary
Visitor
Member # 1926

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If we're going to do a really cool one Dad always tells them that they could end up on our website. It always makes them think its something really special and they say "cool!". I don't remember any of us ever asking, but sometimes there are jerks out there, no?


:^)

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Rick Chavez
Visitor
Member # 2146

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Just a thought, on all your contracts or final invoice, you could put, in writing, that you reserve the right to use images or your work for marketing or magaizine articles. That way your always covered. By the way, I would ask permission.

Rick

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Rick Chavez
Hemet, CA

Posts: 1540 | From: Hemet,CA U.S.A. | Registered: Jun 2001  |  IP: Logged | Report this post to a Moderator
ScooterX
Resident


Member # 2023

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Yes, legally you need to ask permission.

You alraeady have the right to show the design you did (its part of the copyright, which you, as artist, get). What you DONT have the right to, is the image of the boat. The boat's owner owns that. So, you're asking permission to show THEIR boat with YOUR design.

If its just a matter of pictures in a portfolio it wouldn't matter as much, but if you're making up a thousand cards to give and send out, then its best to ask permission.

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:: Scooter Marriner ::
:: Coyote Signs ::
:: Oakland, CA ::
:: still a beginner ::
::

Posts: 1356 | From: Oakland (and San Francisco) | Registered: Mar 2001  |  IP: Logged | Report this post to a Moderator
Dawn Ellis
Resident


Member # 3529

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Thanks everyone for your replies. I appreciate the thoughts and also the legal aspects of this. Some good suggestions that I'll follow. Thanks again. Also, drove past Bud Harris' shop yesterday. I should stop in and introduce myself, he is so highly regarded around here.

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Dawn Ellis
Signs by Dawn
Long Beach, CA
signsbydawn@aol.com

Trust yourself. Listen to the voice within. It is always right.

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Terry Baird
Resident


Member # 3495

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Most clients are excited to see their sign published. The only exception that I've ever had was when a client's two small children were in one of the pics. I didn't have kids yet and was oblivious to the problems involved with publishing pic's (with names) of kids. WOW!!! Talk about P'd off.

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Terry Baird
Baird Signs
3484 West Lake Rd.
Canandaigua, NY 14424

Posts: 790 | From: Canandaigua, New York | Registered: Dec 2002  |  IP: Logged | Report this post to a Moderator
Dawn Ellis
Resident


Member # 3529

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Yikes! That must have been an awakening. I'm sure it never occurred to you at that time. Sometimes we don't know what we don't know when we don't know it.

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Dawn Ellis
Signs by Dawn
Long Beach, CA
signsbydawn@aol.com

Trust yourself. Listen to the voice within. It is always right.

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Dave Draper
Visitor
Member # 102

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We sent out some pictures of work we did for a mega large insurance corporation here in Bloomington Illinois, but I can't tell you their name, but, one of the words in this corporations name is like the STATE of Illinois and I use to live on a FARM....but that is all the hinting I can do! [Smile]

They told me to stop it or else!

I stopped it real quick! hhahahha,

I stopped their insurance policy too...idiots

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Draper The Signmaker / Monumental Designs
http://www.monumentaldesigns.com

Posts: 2883 | From: Bloomington Illinois USA | Registered: Nov 1998  |  IP: Logged | Report this post to a Moderator
Dave Draper
Visitor
Member # 102

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We sent out some pictures of work we did for a mega large insurance corporation here in Bloomington Illinois, but I can't tell you their name, but, one of the words in this corporations name is like the STATE of Illinois and I use to live on a FARM....but that is all the hinting I can do! [Smile]

They told me to stop it or else!

I stopped it real quick! hhahahha,

I stopped their insurance policy too...idiots

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Draper The Signmaker / Monumental Designs
http://www.monumentaldesigns.com

Posts: 2883 | From: Bloomington Illinois USA | Registered: Nov 1998  |  IP: Logged | Report this post to a Moderator
Mayo Pardo
Resident


Member # 138

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Using a photo of the work you did, as an example of your work, in a group of other photos of work you have done, should not present any problem.

It's not like you are making a poster of just that customer's boat and selling it as a poster, and profiting off his property.

You are entitled to advertise your work and examples of your work. You shouldn't need to get permission to display your work like this - even if it's on a postcard.

The only exception I can think of is if the boat lettering you did was a corporate name and logo on a corporate sponsored racing boat or something like that. The corporate attorneys have nothing better to do than harrass other people so they can justify their salaries.

This is just my legally unfounded opinion. Your mileage may vary. Some settling of contents will occur. Serving Suggestion. Objects in mirror are not actually in the mirror.

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EmpY
Mayo Pardo #138
South Elgin, IL.

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Marty Engel
Visitor
Member # 3483

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Hi Dawn,

On April 2, Tom & Sharon Giampia posted a similar question. Here was my response to them:

-------------------

That is a good question...

As a photographer, many times I obtain a signed Property Release (or model release) when photographing a client’s property. Since I retain the copyright on most photos I create, I want to protect myself if I wish to reuse photos in a commercial manner in the future. Reuse may include selling images as stock photos or using the image on my web site. Signed releases are generally not required for editorial uses.

You may want to review the following articles:

http://www.pdnonline.com/businessresources/modelrelease.html

http://www.asmp.org/commerce/legal_article_001.shtml

My recommendation would be to call the client and inform them of your desire to shoot your sign on their building. I am sure most will agree to your request and allow you to show up at your leisure. To get the release signed is up to you, many times it is far more trouble than it is worth.

My second recommendation would be to add a line on all contracts or purchase agreements that states that you have the righ to photograph the sign once installed for your own use and reference.

My last suggestion is to try to shoot the building/sign at sunrise or sunset. Many times the best window to shoot is just before the sun rises or just after it sets.

--------------

In addition to my last suggestion about photographing in 'sweet light' conditions... remember that the quality of the photo says a lot about the quality of your sign work. Make sure the pic does your work justice.

Hope this helps.


Good luck,

Marty

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Marty Engel
Berkley, MI
Hill Mountain Signworks LLC

marty@hillmountain.com
248-890-8265

Posts: 58 | From: Berkley, MI | Registered: Dec 2002  |  IP: Logged | Report this post to a Moderator
Dawn Ellis
Resident


Member # 3529

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Thanks Marty, EmpY, and Dave, I'll check out those articles. Also, I just photograph when I've finished the job whatever time that might be. I'll definately consider time of day in the future and go back to the ones that are still around. (Boats tend to move.) EmpY, everyone I've mentioned the name of your cutting table to has had a hearty laugh! Dave, those corporate lawyers have to show something for the huge fees they charge. I had a friend whose initials were RR and she arranged her RR similar to the Rolls Royce logo. Boy, did she hear from their lawyers. Thanks again everyone. I'm so grateful to this board and the wonderful spirit here and all the knowledgeable people who are willing to share. Right now I'm constantly working beyond my comfort zone (because I'm new and everything is a learning experience.) I look forward to the time when I can give back.

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Dawn Ellis
Signs by Dawn
Long Beach, CA
signsbydawn@aol.com

Trust yourself. Listen to the voice within. It is always right.

Posts: 456 | From: Long Beach, California | Registered: Jan 2003  |  IP: Logged | Report this post to a Moderator
   

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