Jump to content


Photo
- - - - -

Publishing Photos of Dive Boats


  • Please log in to reply
3 replies to this topic

#1 scubaboy1

scubaboy1

    Clownfish

  • Member
  • Pip
  • 21 posts
  • Location:Kailua-Kona, HI

Posted 08 July 2006 - 06:11 AM

My wife and I recently took a dive trip on a liveaboard. On one of the dives I took an over / under shot of the back of the boat at the end of the dive. I posted that photo along with our other favorites from the trip on our website.

I have been approached by a magazine that wants to buy the over / under shot to use in an article in the magazine.

I'm obviously flattered and eager to accept the offer. The photo does show the the name of the liveaboard.

Are there any modeling rights or permission issues I need to be concerned about?

Do I need to get a release from the liveaboard to sell this photo?

The text accompanying the article is not derogatory in any way. The fact that the name of the boat is visible is probably beneficial to the liveaboard.

Thanks for your input!
John

D70 / Ikelite / DS 125's / 12-24, 18-70, 17-35, 60, 105
www.aapi.smugmug.com

#2 mattdiver

mattdiver

    Tiger Shark

  • Member
  • PipPipPipPip
  • 698 posts
  • Location:Singapore
  • Interests:Photography (duh!), billiards, modern architecture.

Posted 08 July 2006 - 06:58 AM

I don't think there's any issues here, but just to be safe, I'd write to the boat operators/owners, and ask them for their permission. As you mention, they should be happy with the free advertisement, so they'll be more than happy to say 'yes'.

#3 MikeVeitch

MikeVeitch

    1.7kbps Manta Boy

  • Senior Moderator
  • 6187 posts
  • Gender:Male
  • Location:In Bali, Indonesia but from Vancouver, BC
  • Interests:Teaching Underwater Photography

Posted 08 July 2006 - 03:32 PM

I agree with Matt, contact them and get the release. But it shouldn't be too much of a problem even if you don't, it is editorial usage as opposed to advertising.

Join us for an Underwater Photography Workshop in Ambon March 2015
Blog and Photo Archive/Portfolio Site www.mikeveitchblog.com
Learn underwater photography in Indonesia or Join me on a trip www.underwatertribe.com


#4 John Bantin

John Bantin

    Sperm Whale

  • Industry
  • PipPipPipPipPip
  • 1857 posts
  • Gender:Male
  • Location:Teddington/Twickenham UK
  • Interests:former Technical Editor of
    Diver Magazine (UK) and www.divernet.com
    occasional contributor
    SportDiver (Aus)
    Undercurrent
    Author of Amazing Diving Stories (Wiley Nautical)

Posted 09 July 2006 - 04:57 AM

With British law, if the picture is not derogatory nor an impingement on privacy and you did not cause the people to act in an unreal role, you are free to use the picture in any way you like. It seems that under American law, if the plaintiff can prove that publication of the picture caused him to lose possible earnings (the dollar IS god) he may have a case.

As I take pictures through the world and habitually have them published, I suggest you do not worry. Remember, the human face is not a work of art and a boat has no legal rights!

NB. I am not a Queen's Council so please disregard all of the above advice!

I buy my own photographic kit. Diving equipment manufacturers and diving services suppliers get even-handed treatment from me whether they choose to advertise in the publications I write for or not. All the equipment I get on loan is returned as soon as it is finished with. Did you know you can now get Diver Mag as an iPad/Android app?