The necessity for a property or model release is dictated by a photo's eventual use. In the case of the pyramids, the Siq, Jordan biblical sites, or the Minoan palace at Knossos, Crete, whether you are inside or outside the site, or whether it's the Rock 'n' Roll Hall of Fame or the rock Tombs at Petra, no model or property release is required if the pictures are used to "inform and educate" (editorial use). Only if such a picture would be used for a commercial purpose, advertising, promotional, endorsement would the publisher ever need a release. This would apply to archaeological digs, as well.

The confusion over whether a public object can be photographed and published most usually comes from persons who arrive at the stock photography industry through the commercial door rather than through the editorial door. Or stems from well-meaning but erroneous advice written by magazine columnists who are unaware of your First Amendment Rights.

Photographers who have worked for a newspaper most of their career, know that model or property releases are not needed if the photo is to be used "to inform or to educate." In contrast, photographers who have worked in the commercial or advertising sector, e.g. corporate, advertising, or graphic art services, know that any photo used for endorsement or advertising purposes always requires a model or property release.

Here at PhotoSource International, our emphasis is on editorial photography, and most of our markets, such as magazines and book publishers, maintain an editorial focus.

About $70,000 a day is spent on editorial photography in this country. That's about 1/5 of what is spent daily on commercial stock photography. Although the monetary rewards in the editorial field are not as high up front as in the commercial field, other rewards abound. (Check out pages 72 and 73 of sellphotos.com for more on these other rewards.)

One example: editorial stock photographers can afford to specialize in a field they enjoy working in. This allows them to build a deep selection of images in that specialization, making them a valuable resource to numbers of publishers in that field of interest. (Book and magazine publishers specialize, too.) Although the per picture fee for editorial use is not as high as in commercial stock photography, most publishers buy in volume, and stay as long-term clients, which often makes up the difference over the long haul.

WHEN AVAILABLE

Of course, if model or product releases are conveniently available for the asking now and then while you are photographing, you should go ahead and get them, as that will allow those images to be available for a commercial use if the opportunity arises. Depending on the field you are in, you'll know when it's appropriate and beneficial to obtain a model or property release.

If you're in a public place (whether you pay admission or not) you can photograph freely. Only if you are trespassing would you run into the law. In the USA, trespass restrictions in public places are not as rigorous as you might encounter in a foreign country. Even in these times of heightened suspicion, security guards and law enforcement officers are usually aware of citizen's rights when it comes to photographing in public. If your "Track B" area of specialty is in sensitive areas such as aviation or petroleum -- watch for signs of where you can photograph and where you can't. Here at PhotoSource International we have heard reports of some instances of security guards accosting a photographer for photographing a "sensitive" site. Later it was pointed out the same photo was available on the company's website. Note: a cell phone call to the company's president or PR officer, while on the site, usually solves the problem and gets permission for you.