Expert: Cathy Clamp - 2/14/2009

Question
QUESTION: Hi Cathy,
I have written a novel and my daughter has taken photographs for the novel.  It is fiction, but we've photographed several houses in the city and want to show them as the houses of the fictional characters.  Can we do this without having a legal problem?  The pictures are of the outside of the houses, clearly visible from the street.

Thank you,
Nancy O'Leary

ANSWER: Hi, Nancy!

This is a really interesting question. Technically speaking, a photograph is the property of the photographer, which would make your daughter the owner. And it's somewhat public. But I'm not certain of the legalities of it since the motive is profit. Still, (musing here) it was taken in a public place, which opens the doors wider on use.

I would think it would depend on whether the house is portrayed in a good light. For example, taking a photograph of a house that has litter strewn about and long weeds and making it into the place where the "bad people" live could be a problem, since there could be some negative connotation toward the *actual* owners, whether or not intended.

At this stage, I think it would be at least polite (if not legal and practical) to have the owners sign a release---but only in the event you actually decide to take it to publication. If you offered a few bucks for the privilege (you know, like $10-20), you'll probably get a better response.  If you choose not to get a release, then I would contact an entertainment/intellectual property attorney in your area to see whether you can proceed without a release.  To find an attorney in your area, you can check out the Martindale-Hubbell website, which has a database of nearly every attorney in the country (and several other countries to boot!) You can search by area or by specialty. http://www.martindale.com.

Hope that helps. Good luck!

Cathy

---------- FOLLOW-UP ----------

QUESTION: Thank you, Cathy.  Have a few attorney friendsw I'll ask about it, although none of them do entertainment law, and I'm guessing it falls under that specialty.  Didn't know you had a novel out.  I'll be finding it in the bookstore this weekend.

Thanks again,
Nancy O'Leary

Answer
Hi, Nancy!

It might well be that your attorney friend can at least look up the information, or knows of someone who would know the answer. I work for attorneys and they tend to stick together in answering weird questions for each other.

I actually have over a dozen novels out. The latest one is under a pen name of "Cat Adams". The others under under "C.T. Adams & Cathy Clamp." You'll find them either in romance or fantasy (we write a blend that sometimes confuses bookstores. LOL!) Hope you enjoy them if you pick one up. :)

Good luck with the project.

Cathy