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DPChallenge Forums >> Business of Photography >> "Model Releases" for objects like motorcycles, etc
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06/26/2013 04:40:35 PM · #1
Are "Model Releases" needed for reselling a photo of a motorcycle?

I got releases from the "Models". There are some pictures of motorcycles by themselves and some with models. I'm thinking of creating a calendar for a small Bar/Restaurant and maybe submitting some to an area magazine.

I have heard of "Location Releases" for Architecture, Interior/Exterior.
06/26/2013 05:11:01 PM · #2
Not to my knowledge. Unless it's such a unique object that there can only be the one, and it doesn't belong to you :-)
06/26/2013 05:43:27 PM · #3
Originally posted by tanguera:

Not to my knowledge. Unless it's such a unique object that there can only be the one, and it doesn't belong to you :-)


Right. If the motorcycle is a custom that is unique and different from a stock vehicle, then you'll need a release.

Also, if you want to use the Harley logo, or the Triumph logo, or Honda, etc - forget about it. That's covered by a couple of laws, and there's pretty much no way you're ever going to get permission to use it from the companies themselves.
06/26/2013 05:53:48 PM · #4
Originally posted by Cory:

Originally posted by tanguera:

Not to my knowledge. Unless it's such a unique object that there can only be the one, and it doesn't belong to you :-)


Right. If the motorcycle is a custom that is unique and different from a stock vehicle, then you'll need a release.

Also, if you want to use the Harley logo, or the Triumph logo, or Honda, etc - forget about it. That's covered by a couple of laws, and there's pretty much no way you're ever going to get permission to use it from the companies themselves.


Really, even if the photo of the motorcycle was taken in a public venue.

I would assume that images taken for personal use and not being redistributed for profit would be immune to civil action...but I could be wrong.

Ray
06/26/2013 05:57:50 PM · #5
Originally posted by RayEthier:

Originally posted by Cory:

Originally posted by tanguera:

Not to my knowledge. Unless it's such a unique object that there can only be the one, and it doesn't belong to you :-)


Right. If the motorcycle is a custom that is unique and different from a stock vehicle, then you'll need a release.

Also, if you want to use the Harley logo, or the Triumph logo, or Honda, etc - forget about it. That's covered by a couple of laws, and there's pretty much no way you're ever going to get permission to use it from the companies themselves.


Really, even if the photo of the motorcycle was taken in a public venue.

I would assume that images taken for personal use and not being redistributed for profit would be immune to civil action...but I could be wrong.

Ray


Oh, if it's for personal use? Do whatever the hell you please. No need for a model release ever.

If, otoh, like the OP, you want to get these into a magazine, and produce a calendar for commercial sale, then I think you'll find my advice is pretty sound. :)

Still, if you want, the risk is probably pretty low, at least in terms of getting sued, so the calendar is pretty safe probably. The magazine, if they aren't idiots, won't publish it without a release. (then again, we've not established if this really is a trademarked custom motorcycle, or if it's just another 'custom' bike that is indistinguishable from the other 2 million like it)

Message edited by author 2013-06-26 17:58:22.
06/26/2013 06:31:23 PM · #6
Originally posted by Cory:

if you want to get these into a magazine, and produce a calendar for commercial sale, then I think you'll find my advice is pretty sound. :)

Still, if you want, the risk is probably pretty low, at least in terms of getting sued, so the calendar is pretty safe probably. The magazine, if they aren't idiots, won't publish it without a release. (then again, we've not established if this really is a trademarked custom motorcycle, or if it's just another 'custom' bike that is indistinguishable from the other 2 million like it)

not exactly. a magazine can use those photos for editorial purposes without a release. they could even put it right on the cover if they wanted to.

they could not, though, use it on a page promoting the magazine or a subscription to the magazine without permission (which they probably would come be fairly easily, given that it's win-win for them and the manufacturer).

you could not create a calendar for sale without permission from the manufacturer; that's what licensing is all about. you pay them for permission, then you create and sell the work. i have a fantastic resource right here on my desk, courtesy of GeneralE's favorite publishere, nolo press, called Getting Permission, that details exactly how to go about doing this type of stuff.
06/26/2013 06:41:44 PM · #7
Originally posted by Skip:

Originally posted by Cory:

if you want to get these into a magazine, and produce a calendar for commercial sale, then I think you'll find my advice is pretty sound. :)

Still, if you want, the risk is probably pretty low, at least in terms of getting sued, so the calendar is pretty safe probably. The magazine, if they aren't idiots, won't publish it without a release. (then again, we've not established if this really is a trademarked custom motorcycle, or if it's just another 'custom' bike that is indistinguishable from the other 2 million like it)

not exactly. a magazine can use those photos for editorial purposes without a release. they could even put it right on the cover if they wanted to.

they could not, though, use it on a page promoting the magazine or a subscription to the magazine without permission (which they probably would come be fairly easily, given that it's win-win for them and the manufacturer).

you could not create a calendar for sale without permission from the manufacturer; that's what licensing is all about. you pay them for permission, then you create and sell the work. i have a fantastic resource right here on my desk, courtesy of GeneralE's favorite publishere, nolo press, called Getting Permission, that details exactly how to go about doing this type of stuff.


Now there's good advice. 424 pages later, and you'll actually have a GOOD answer.

Message edited by author 2013-06-26 18:41:59.
06/26/2013 07:04:52 PM · #8
Originally posted by justamistere:

Are "Model Releases" needed for reselling a photo of a motorcycle?

I got releases from the "Models". There are some pictures of motorcycles by themselves and some with models. I'm thinking of creating a calendar for a small Bar/Restaurant and maybe submitting some to an area magazine.

I have heard of "Location Releases" for Architecture, Interior/Exterior.


Property Release is what you are looking for.

//asmp.org/tutorials/property-release.html#.Uctzd5z9Vdc
06/26/2013 07:26:09 PM · #9
You might want to check out this "Special Releases List" of properties for which you absolutely need a property release for commercial use (including a calendar). Use of logos is almost always a no-no.

I think it sometimes it depends on the emphasis ... a calendar of "Students of ABC University" where one or two of the models are posed with their motorcycles should not need a release for the bike, while a calendar of "Bikers and Their Bikes" where the cycles are featured probably would.
06/26/2013 09:52:41 PM · #10
Thanks for all the great tips and links. These weren't "custom built" like in the "Choppers" or Jesse James' Orange county cycles.
They look great on Metalic paper. I'll post some when I get a chance.

I have added "Flames" and the "Harley Davidson" logo. I guess I can't sell any with the Harley logo, but could I post them here or on my website.
I'm thinking of showing them to the Harley Davidson company for examples of my work.

06/26/2013 10:32:03 PM · #11
Originally posted by justamistere:

I have added "Flames" and the "Harley Davidson" logo. I guess I can't sell any with the Harley logo, but could I post them here or on my website.
I'm thinking of showing them to the Harley Davidson company for examples of my work.

Ahem, I would NOT send them images where you have "added the H-D logo"as this is 99.9% sure to raise red flags if not skyrockets.

On the other hand, you should be OK selling "individual fine art prints" of the images, but you cannot use them on "bulk-produced" items like calendars, coffee mugs, greeting cards, etc., nor as stock images.
06/27/2013 07:58:04 AM · #12
There was a case a few years back where a group of Ford Mustang enthusiasts put out a fundraising calendar with pictures of their highly customized Mustangs. Ford sued. Ford won. If you're going to do things like this, it's worth looking up.
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