Publishing Photos of Dive Boats

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!

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'.

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.

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!