Can i sell the images?

[wdEvA]

Hey guys,

I would like to check if given this scenario, am i allowed to sell the images?

Image - Taken of a condo / HDB
Buyer - Resident of the Condo / HDB

The image only shows the building structures of the Condo / HDB.

Am I eligible to sell the image to the buyer for personal usage (non-commercial)? or I would need to seek the consent from the Condo / HDB management?

Thanks

 

[catchlights]

can you tell us under what circumstance, these photos being taken in the first place?


.

 

[wdEvA]

can you tell us under what circumstance, these photos being taken in the first place?


.

the photos were taken in areas where public can access, and the images were taken for my own use as well.
Not employed by anyone to do so

 

[catchlights]

the photos were taken in areas where public can access, and the images were taken for my own use as well.
Not employed by anyone to do so

so in this case, this is an self assignment, you own the photos, you can sell it.

but tho you own the photos, does not mean you also own the rights of the design of structure of the building, selling images with such content can be touchy, whether is personal use or commercial use, doesn't really matter, selling photos itself is already a commercialize activity, best consult a lawyer.

 

[wdEvA]

so in this case, this is an self assignment, you own the photos, you can sell it.

but tho you own the photos, does not mean you also own the rights of the design of structure of the building, selling images with such content can be touchy, whether is personal use or commercial use, doesn't really matter, selling photos itself is already a commercialize activity, best consult a lawyer.

alright.
Thanks alot =)

 

[Edwin Francis]

Check this out:

http://statutes.agc.gov.sg/non_vers...l=1&segid=1138345605-001134#1138345606-002578

Excerpt from somewhere near the end:
Buildings and models of buildings
64. The copyright in a building or a model of a building is not infringed by the making of a painting, drawing, engraving or photograph of the building or model or by the inclusion of the building or model in a cinematograph film or in a television broadcast.

I seem to recall this coming up on a previous thread last year, and the conclusion, IIRC, was that you can take photos of private or commercial buildings from the outside without restriction (military and sensitive government facilities might come under a different law), as long as you take them from a public location i.e. you weren't trespassing when taking the shot.

I'm not giving an legal advice here (I'm not qualified to!), but if it were me, I would just sell the image. Read the statute and decide for yourself

 

[Edwin Francis]

A little more light reading on the subject:

http://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama

BTW, Singapore is listed, not under Asia, but under Commonwealth, in case you have problems finding it.

 

[mattlock]

Hey guys,

I would like to check if given this scenario, am i allowed to sell the images?

Image - Taken of a condo / HDB
Buyer - Resident of the Condo / HDB

The image only shows the building structures of the Condo / HDB.

Am I eligible to sell the image to the buyer for personal usage (non-commercial)? or I would need to seek the consent from the Condo / HDB management?

Thanks

Yes you can sell it.
my studio does ad work and we always shoot in public spaces.
There are a few exceptions in the world where you are specifically prohibited from having the building photographed (empire state building is one of them)
What you're prohibited from having in photographs that are sold are TRADEMARKS

"- Flatiron building in NY, Tour Eiffel at night (lights on), Sidney Opera in Australia.

2. logos:Windows, CD, DVD, Dolby, Sony, Canon, etc, everything
3. names and signatures, license plates
4. other: Mickey and Minnie, McDonalds and the Golden Arches, the Cypress Tree on Pebbles Beach, Lego, Peeps
5. modern art (same for buildings) it doesn't matter if it's on a public space, is the work of an artist"

This is one reason why people tend to blank out or DI away alot of these things in commercial work

http://www.dreamstime.com/forumm_6261_pg2
Some further reading if interested...

 

[JasonB]

The knowledge of you guys and the generosity of sharing is admirable. Thank you people.

 

[cabbySHE]

How about Merlion ?

and somthing to add...NO NO NO to the Israel embassy building at Dalvey road, all the opposite hi-end hi-class residents were reminded and warned about not to point any image recording device at the direction of the said buidling. 100% guaranteed. ( this one very sure ),

perhaps also the US embassy at Napier road.

One I was approached by two Korean ( think agent or security ) tough guy ( like thos MIB ) attire wanting to confiscate my equipment for shooting at their embassy. In the end had to call in the local police to sort things out.

Actually I never knew it was a Korean embassy, was assigned by a client to do it.

 

[cabbySHE]

I would have sell any picture that taken by me, to the person / company who design it, / build it,/ owns it,/ developed it, not to the person who stays in it....just in case,

where did you get this picture from ? the beginning of the problem ( or another assignment ? )

 

[pokiemon]

sounds like ts is a valuer.

 

[Dream Merchant]

Quick thought ...

Sometimes, an original purchase may be primarily for personal use, e.g., show-off to friends and family, put photos on personal blog etc, but in instances where a property owner or landlord/agent wants to market or sell the property later on, it might be very convenient for any of them to use the photos from the original sale without seeking permission.

Would it be necessary to put in place very clearly defines clauses protecting the photographer as part of the sale of the photos?

I have no idea what the legal implications may be, if any. Could someone more experienced in this area contribute?

 

[wdEvA]

thanks for the replies guys,
definately gave me a better idea.
I was approached by one of the residents to purchase the images after he/she saw it online.
therefore was wondering if i can sell it.
Will not be selling them anyway (just to be on the safe side).

thanks for the help =)

 

[cabbySHE]

That is why it is safer to sell it to either the Architects /Designers / Engineers / Builders/ Developers/ Property Owner and they will know their responsibility on the usage of the picture plus other copyright issue etc. Also, the selling price at least 3 times of normal rate.
And also, if these group of people are willing to buy your works, in other words, they are acknowledging your professionalism in the picture quality and might possibly lead to some projects for you too.