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Mortymaxwell

Concerned about using photos for a commission

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A park rents their site to people for special events, like weddings.  For example, if a bride and groom are having a professional photographer come to their event, they have to apply for a commercial photography permit. 

I am interested in walking around the park  on my own time and taking pictures to use as a background in a paid, personal use commission.   Since photos of the location are going to be used in a paid commission should I get a photograph permit?  Or should I not worry, since I'm not a professional photographer and going to be snapping photos on my smart phone?

This would be a commission for a landscape painting, by the way, so the park's scenic features would be the subject matter of the commission.

Edited by Mortymaxwell

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I don't think you'd need a permit for that. You are not going to use that exact photo anyway, you'll just reference it and paint something  based on that yourself, the photo of that location is only used as a guide. I think it'd be different if you would use that exact photo for soemthing commercial, like a poster or something.

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Location releases are required when you receive money in some way that would have not been possible without that location. They are also required when the location is the focus of something that will be publicly released (e.g. public access television, news, movies, etc).

Location releases are regularly skirted around and not sought after though. I am not a lawyer but I think in your case you should technically seek one (because of the intended after-product involving money) HOWEVER since it is only for personal use and you are not a professional photographer - nobody will care.

Owners want to be paid mostly based on the fact that their location is being used for profit, and secondarily if the location is being used to advance some agenda so they can at least have forewarning (and the ability to refuse). While the artist is technically making money off the location, you, who took the picture, are not, and it's being used for personal use only, so I'd say you're fine.

Source: 12 year old degree in digital video production, so my facts may be outdated.

Edited by Bornes

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I really appreciate your advice. Thank you very much.  I think I'll be okay but just to be on the safe side, it sounds like a good idea to check with a lawyer.

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