Property Releases Revisited

Readers of my blog know that no court or state has established a law – either by statute or by case law – creating a right to protect property from being photographed from a public area or from that photograph being used editorially or commercially. Thus, there is no legal reason for “property releases” except perhaps when photographing other copyrighted works or trademarks.

Rich Stim, an attorney, the author of several books on intellectual property, and owner of the blog, “Dear Rich: Nolo’s Patent, Copyright & Trademark Blog” addressed this issue in his November 16, 2008, blog. He replies to a person who is upset that a photo of the person’s houseboat was published in a book.

On the same issue, stay tuned for an update on the Benjamin Ham case.

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