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RE: Rejected: RE: GSBN:copyright



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As your editor pointed out, any image taken from public property (or public
view) that does not include a recognisable private person (celebrities are
OK) does not require a release form.  Providing people with some idea of
where the house is and who built it is nice practise and useful to your
readers, but is not an issue for copyright law.

If the photo is taken inside the house, or from a vantage point that
required you to be on the owners property, you should obtain a release if
you wish to publish the photo.

The law is quite sensible on this point, IMO, since why copyright a view
anybody can have for free?

The photos you take are your creative work and are hence protected by
copyright.

Dr John Straube
Building Solutions
165 Albert St., Waterloo, ON, Canada
phone 519 741 7920
fax 519 888 6197
  -----Original Message-----
  From: GSBN [mailto:GSBN@...]On Behalf Of Catherine
Wanek
  Sent: Tuesday, January 29, 2002 12:39 PM
  To: GSBN
  Subject: Re: GSBN:copyright


  At 10:37 PM 1/27/02 +0100, Andre wrote:

    I'd check it with our publisher,.... if only I had one ;-)
    If any of you have an example, it would be appreciated.


  I posed your questions to my editor at Gibbs Smith publisher, and this was
her reply:

  Andre: Is the image mine to use anyway I like just because I took it? Do I
HAVE to mention the owner,
  architect and builder? I don't mind giving credit where credit is due, and
I want to respect the owners feelings, but I want to know what I HAVE to do,
and what not, so I won't get into trouble later on.

  GSP:  YOU AREN'T OBLIGED TO CREDIT THE BUILDER OR ARCHITECT OR OWNER, BUT
FOR OUR BOOKS IT'S ALWAYS BETTER TO GIVE CREDIT. YOU'LL NEED TO BUILD A
RESOURCE SECTION ANYWAY, SO IF YOU CAN GET THE BUILDER'S NAME IN THERE, IT'S
A NICE PLUG FOR THE BUILDER. BUT LEGALLY, NO, YOU DON'T HAVE TO IF YOU TOOK
THE PHOTO FROM PUBLIC PROPERTY SUCH AS A SIDEWALK IN FRONT OF THE HOUSE.


  Catherine:  This doesn't answer the question about "verbal permission,"
but she stressed always getting permission when possible, to prevent any
problems later.   I guess that means creating your own personal friendly
release form, and remembering to use it.

  ciao,
  Catherine








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