United StatesDoes the client need a property release for a staue in a National Park?I have an upcoming assignment for a client who insists that they need a property release to use a photo of a statue in an American National Park. I know for a fact that I only need a permit to do the photography if I have a crew or need an area roped off etc. so that is not the issue. I am of the belief that the staue is public domain and permission is not necessary to use in an ad.
Has anybody come across this? If so do you have a reference I can show the client if I am right?
Hmmm... well, it all depends upon who owns the copyright to the statue. If the copyright is owned by the government or is in the public domain, no release is necessary. On the other hand, the copyright to the statue could belong to a living artist who is aggressive about enforcing his rights. I would check in with the park in question to see what the copyright status is of the statue in question. Otherwise, we're all just guessing.
John
UPDATE: In the United States, if an object is part of a National Park or part of the National Park Service, you do not need a property release to use an image of this object as it is considered part of the public domain. One win for the taxpayers!
commented:
March 14, 2012
Jim Greipp
Professional