Legal Question in Intellectual Property in Indiana

Mailbox photo legal issues

If I take a photo of a mailbox and use it in a publication that is sold, do I have to get signed photo release from the property holder?

Asked on 8/23/07, 3:22 pm

2 Answers from Attorneys

Nancy Delain Delain Law Office, PLLC
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Re: Mailbox photo legal issues

It depends. Is the mailbox a generic mailbox? Are identifiable aspects of the property shown in the photo? Is the property's owner in the business of profiting from the property?

Those are only three of the questions upon which your answer may rest.

You need to speak with a copyright attorney. Call my office if I can be of help to you in this matter.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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8/23/07, 3:43 pm
Lawrence Graves Coolidge & Graves PLLC
0 users found helpful
0 attorneys agreed

Re: Mailbox photo legal issues

Unless the mailbox was created by the property owner, his consent would be irrelevant. If the mailbox is sufficiently original and creative to qualify for copyright protection, you should consult with an attorney in your area before proceeding with publishing a photograph.

Best wishes,

LDWG

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8/23/07, 4:05 pm

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