iStockphoto - Logo Training Manual

7.4 - Property releases

The requirement for a property release isn't as clear-cut as for a model release, because there is no specific right of privacy that attaches to property, as it does to people. Having said that, there are at least three reasons for obtaining property releases:

On the theory that a person's identity might be connected to the property in question (such as where a person's property is used in a manner that might defame the person as owner);
On the basis that to use someone's property for commercial gain without their consent may amount to an offense called "conversion"; and
On the basis that someone may own specific intellectual property rights in the design of the property and to use an image of their property without consent may amount to infringement of their intellectual property rights.

Also, if you go onto someone's private property to take a picture of them or their property, it could amount to trespass.

iStock recommends that a Property Release be obtained when the design contains identifiable property wherever possible. This isn't just for houses: It could apply to pets, cars, artwork and other personal property. The more recognizable and unique the property (and the more the owner's identity might be connected to or determined from the property) the greater the need for a property release.

The Property Release must be signed by the legal and beneficial owner(s) of the property, or by their authorized agent. Many of the same formalities apply as for Model Releases.

Note: iStock does not accept digitally created or digitally signed property releases (this includes using script fonts as signatures, e-signatures and scanning signatures and then pasting into the model release).

Download the iStockphoto Property Release.

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iStockphoto - Logo Training Manual

7.4 - Property releases

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