A Question about Permission.

[J.W.]

I recently posted a photo for sale on ebay. It's of a hot rod engine I shot at a car show a while ago. I got an email from someone claiming to be the owner of the engine, in which they said I did not have their permission to sell pictures of their motor.

Do I really need this person's permission to publish my photo? The license plate is not visible, and as far as I can tell nothing in the picture can be used to trace the owner.

Please understand that I am asking for a strictly legal point of view. What are his/her rights and what are mine. Never mind, for the moment, any consideration of courtesy. What does the law say?

If this has been covered in a previous thread, just tell me where to go.

Thanks,
Matt

[madster]

A lot of gray area to cover...
Was the show indoors or outdoors? (Outdoors meaning could "passerbys" see the hot rod?

Were you given any ticket or literature of what you could and could not do (as in photographing cars), or did anyone say no pictures?

If the picture is of just the car, with no people (requiring model release), you're okay. Tell the owner of the hot rod that you photographed it at a public venue, and he had NO notification anywhere around the vehicle stating a copyright on all images produced. You can stand on the street and take a picture of someone's house and sell it, and they can't do anything. Same basic principle here. You do not need permission to sell a photograph you took in a public situation, unless you were told at the time of photography, either in person or in writing that such pictures were forbidden. Tell him to consider it free advertising and don't worry about it.

If you paid to go to the car show, so much the better. Tell him to take his gripe to the promoters.

[J.W.]

Thanks, Madster.

It was outdoors, at a fairgrounds. Very public. No policy was posted as far as I could see, either by the sponsors or the car owner. And no people in the picture. So, I guess I'm clear, legally.

Matt

[arlene]

madster is correct. you're free and clear.