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Another question, is not the sale of newpapers, magazines, etc, for profit?



Yes newspapers, magazines, etc. are for profit enterprises, but what sets them apart from other profit companies is the first admendment (freedom of the press). One could effectively stop freedom of the press by not suppling a model or property release and in the interest of free speach and freedom of the press, they are exempt from the requirement of having releases.


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I find the line very thin as to what is okay to photograph, what I can paint, what I can use as a photograph and where artistic freedom is when it comes to expressing ones creative ideas. If photography is truly an artform, where is that creative freedom?



You have the freedom to photograph or paint anything you want until you start stepping on MY rights. For example, you can not come into my yard and photograph or paint with out my permission and that permission is granted by the model or property release. It really isn't that difficult to understand and sometimes understanding comes from seeing it from the other perspective.

Let's say that you take a portrait of a neighbors dog. Right now the value of that portrait isn't that much (whatever sales you make to the owner). BUT what if 2 years from now the dog becomes famous and you have the opportunity to sell to magazines, newspapers, fans, etc. If you have a release, then you are free to do so. But if you don't have the release and your nice neighbor gets greedy, then you risk a law suit. The neighbor might start selling YOUR photo to make money. The purpose of copyright protection is to protect you even for unforseen future. Just like any right, it is your choice to use it or not to use it. I hope you understand this and I didn't confuse you. But this is why I always recommend you get a release even if you don't see the need now. You may need it later. It is your future and your children's future since copyright protects you to 50 years AFTER YOUR death.

David Ramey Photography