Do I need Permit for public art to sell?

stopnbuy
New Contributor

I have photos of state and national parks in the USA from my leisure travel. I also have photos of public attractions like the Eiffel tower, etc. from my trips now I am thinking to sell them. Do I need a permit?

4 REPLIES 4

PenguinPower
Valued Contributor III

You do not need any special licensing to sell images from National or State parks in the US. There is often some confusion over this - if you want to shoot with a crew/models/ props, use normally restricted areas, do anything that would require closure of roads or areas or otherwise require park personnel to accompany or supervise you *then* you need a permit, but if you are photographing, even as a professional, with equipment that you personally can carry in (tripods are OK) then you are fine, no permit needed. 


Landmarks like the Eiffel Tower, you will need to individually research... each country may have different rules and sometimes it's just weirdly one off. The Eiffel Tower is a great example. You can photograph and sell images of it - but only if it's day time.... It is not legal to sell photos of the tower at night..... (and particularly when it is lit up).

Windy
Honored Contributor II

Interesting. I wonder if the night rules regarding Eiffel tower are related to copyright held by the creator of the lighting effect.

I also do Postcrossing!


PenguinPower
Valued Contributor III

Indeed - under French law the light show is considered to be a separate (and newer) artistic work and therefore protected by their copyright laws. Buildings get tricky - if something is part of a city skyline, in general it's considered to be fair use, even if it's super recognizable like the Chrysler Building or the Space Needle - If the building is trademarked, a photograph that features it as main subject may find itself targeted by the trademark holder, rightly or not. 
Robert Gentile successfully appealed an injunction issued to him over sales of an image on a poster of the Rock and Roll Hall of Fame, but unless you have the time and resources to fight a battle like that, there are some things that are easier left alone. 

Harmony
Valued Contributor

Some buildings and national landmarks require was is called a 'property release' when used for commercial purposes.