A property release (PR) is a legal agreement permitting you to use a piece of property in a photo or video. "Property" can include a location, artwork, or other copyright- or trademark-protected item or place. As part of our agreement with our clients, Stocksy promises that all content is ready for commercial use and will not infringe on anyone's intellectual property (IP) rights.
Always plan to get a property release.
While some content may be allowable without a property release, we strongly prefer that you acquire one wherever possible, even if it may not be strictly required. PRs provide the best protection for Stocksy and our buyers, and our partner is much less likely to accept content without releases.
Also, having a PR on hand saves a lot of time for our legal team and will get your content online faster since we won't need to perform any additional reviews.
If you can't get a PR
While our Editor team checks all content, you are legally obligated to ensure your work is free of legal issues. You should keep legal releases in mind when planning any productions and research whether or not something is appropriate for commercial use.
There will be instances where we are prepared to accept content without a property release. However, arriving at that decision involves complex risk analysis: the more information you can provide, the better. Please include a note for the Editors with your submission that contains as much information about the location or item as possible. Please also expect that it will take longer for us to review your content.
These are some basic guidelines you can follow:
Private home interiors
A release may not be required but is always desirable. The more unique an environment is, and the more it is the focus of an asset, the more likely it will require a release.
Private home exteriors
In most countries, taking an exterior shot of someone's home from the street or the air by drone is fine. We will always ask, however, that you remove identifying features such as house names and numbers. We are more likely to clear a row of homes than a single unreleased home.
Exception: France has stricter privacy laws, so we may not be able to accept photos and videos of private homes in France without a release.
Unowned or model homes
Even if a home is not inhabited (e.g., model homes, new builds, or developer/builder/architect-owned spaces), someone still owns it, meaning it is a privately owned location, and the same guidelines apply as listed above.
If you submit content you created for or with a developer/builder/architect/etc., please ensure you have all necessary rights (including copyright) to submit the content as part of your contractual agreements with the property owners.
Business interiors
We will usually require a release. If you set up a series inside office premises, retail stores, hairdressers, hospitals, restaurants, etc., always ask for a release upfront. Tighter compositions where the location is difficult to recognize may be okay legally without a release.
Business exteriors
In most cases, a row of shops or businesses on the street will be fine without a release, but you must remove business names, logos, trademarked products, window advertisements, etc. Content focused on a particular business exterior will likely require a release.
Public spaces and tourist attractions
It is a common misconception that any location open and available to the public is acceptable for commercial photos and videos.
Private companies sometimes manage spaces to which the public has access, and they may prohibit commercial photography. Locations requiring a ticket to enter often have commercial photo/video restrictions built into the ticket terms.
If you are planning a series in a public space and you know that you will not be able to get a release, research whether or not the location has a policy and if other agencies have photos/videos from the same location. If you need clarification, please feel free to contact Support, and we will help you.
Exception: There is no need to ask about museums and art galleries; they will always be a no without a release.
Art
Stocksy respects artists. Art is protected by copyright, so if any artwork is visible (whether it's a professional piece, street mural, or kid's doodle), we will likely ask for a property release or more information to determine the level of risk.
Props and product shots
If you have had props specifically created for a series, please provide a release signed by the designer of the items. It's best to include information upfront about any unreleased props and products and where they came from.
Whether or not a property release is required for a prop depends on many factors, including what it is, who made it, and whether your image or video is about said object or an incidental part of a larger scene.
Tattoos
We don't currently require a property release for tattoos, but this could change. We strongly recommend getting a PR from the tattoo artist for each visible tattoo. If we are uncertain about the risk posed by a particular tattoo, we will ask that you remove it unless you can provide the necessary information.
You should remove or obscure tattoos of protected material (i.e., art reproductions, copyrighted or trademarked pop culture references, licensed characters).
Tattoos of realistic portraits of living or deceased people may require a property release and will need a model release.
We will not accept content containing tattoos linked to extremist political views.
Clothing
All logos and design elements subject to a registered trademark must always be removed from clothing. Once that is done, most mass-produced clothing (i.e., available for purchase in large, well-known stores) will be fine for commercial use. We will ask for a PR for clothing if it is a custom design, a tiny and unique designer, or similar.
If your models wear non-generic clothing, including information about where the clothing was purchased with your submission will speed up our review.
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