who owns the image...???

[gerina]

This may seem like a silly question but.......well, I thought I would go straight to the experts. I have taken some shots in our local area with a view to selling the images on a product that I am developing.
some of these shots are of local landmarks. some of these are vineyards and their sheds or signage are in the shot and the name of the winery is on the shed or sign.

So the question - it is my photograph - the name or brand or recognisable shape of a building is in the shot. Do I have to ask them permission to use the shot if I want to sell the image or is it my image???

i have attached an example.

[Jim Bryant]

Even through you shot the picture, I believe it's their trademark logo in the photo. To be safe, you might want to check with them. Maybe they'll buy the photo from you.

[Woody]

There has been some very interesting discussions on copyright here. Particularly with Australian Coyright. They have some strange ideas in the US and Europe, so don't be taken in by someone quoting their local law.

There was a great article by a solicitor some time ago but I cannot sem to find it, so for now have a look at:

Photographers Rights, General Privacy, and Copyright in Australia - OCAU Wiki

It is indeed a complex topic.

Cheers,

John W

[OsmosisStudios]

You own the photograph: they own the rights to their logo and the use thereof.

Basically, while you own the image, they have some say in how it's used.

[gerina]

I really appreciate you taking the time to answer my question (all of you!!).

I figured it would be best to ask first before using the image.....

g

[k8et]

property release info - Model Releases

hope that helps!