Outside location photo used as a backdrop in portrait.

Interesting question! First, I'm not an attorney, and most of the folks on these forums aren't attorneys either, so any advice you get here is probably worth exactly what you paid for it:). I do, however, have a basic understanding of copyright laws as they apply to photographers, so my 'opinion' is based on that understanding.
If the location you've selected includes elements which are identifiable as being associated with a particular location, you may need to work with the park and your own attorney to determine viability for commercial use. Note the use of the words *may need to*. For example, if the image is of the Joshua Tree, you might need to work out a commercial license (even though it's a work of nature, it's easily associated with its location). In other cases, it's not so much the trees themselves, as it is the surrounding area. However, a simple group of fall trees and leaves probably won't be an issue.
Please understand that if you are selling the images to clients, it's commercial use - regardless of whether or not the images are used in advertisements!

What you're wanting to do is fine. You can take family pictures most anywhere you like in front of whatever, and sell them, so whether you shoot the background ahead of time or not doesn't really matter.

It is a copyright infringement technically.... but only of your own photograph!

The initial photograph of the trees is not an infingement.

It is in the UK! If you took the photo on National Trust property and used it as a part of your commercial work, it is very likely you will receive a stiff cease and desist letter from the NT. Google this and see how wide an effect this issue has had despite its dubious legality.

It is in the UK! If you took the photo on National Trust property and used it as a part of your commercial work, it is very likely you will receive a stiff cease and desist letter from the NT

Yes but we're talking about the background to a family portrait that no one outside the family is going to see.

And anyway, I don't think the NT have a leg to stand on. Their cease and desist actions so far are only on images of buildings and I don't think they would risk bringing an actual case as I'm sure they would lose it.

Thanks for the responses. And I am in the USA, I should have mentioned that earlier, although my name is Dutch, as I am originaly from Holland. In between my opening post and this one I have made a few sample photos for the client to see. Personaly I like the "plain" studio ones better then the pasted backdrop ones, but I leave it up to the client to choose.
I did tell her before the shoot, it's not going to look as real as if they realy are at the park. Perhaps the pasted backdrop photos are convincing enough for a future location shoot?
I want to thank all posters again and the last response from mr. Steve Smith;
"Yes but we're talking about the background to a family portrait that no one outside the family is going to see"
is staying in my mind. No one is going to see it, but the family.

There is no copyright to the natural features of public parks in the US and it would be an unusual man-made feature that would have a copyright if considering things like bridges, etc. Even buildings have only limited protection under the circumstances you are proposing. If you poke around the Library of Congress copyright site, it will cover most of the concerns you have.

http://www.copyright.gov/

In particular you'd want to look to the law as it describes the things which are subject to copyright. "Original works of authorship" isn't going to include natural features. Copyright in architectural works doesn't preclude the taking and use of pictures of buildings in or visible from public places.

You should be fine. If you really want to know, contact your local permits office, explain it to them. More than likely, you wont need anything.

In the case of a wedding, etc, thats a diiferent story. Some places need a permit 2-6 weeks in advance. (or more, like Central Park, NY NY). Even there though, the casual photos are taken so many times, it would be impossible to ticket. Cover your bases and call the local permit office, wouldnt hurt.

Thanks, the http://www.copyright.gov/ is added in my favorites and will be checked out shortly.
I also check the local permit office for info.

Hey Erwin,
Come back to Holland, you can shoot any place you like without the risk of a million dollar fine, by the pumped up American system. :) Just joking of course.
Seriously: how do wedding photographers in the US shoot their images outside? Do they need a permit? I doubt it. There's your answer.

Ed

sample of an outdoor image. How lovely it can be.

Ed,
If you do your wedding photos in certain parks - or landmarks - you sometimes need a permit.
I don't make the laws - I just try not to break them :)

plus as a vet - i fought for them :)

Gia,
We never need a permit to shoot in a public park. That's our law and I like it. Give me a reason why a law maker should forbid photographers to shoot in a park, while everybody with a cellphone camera don't give a damn. Is it because you make money, you must pay for it? I pay my taxes already out of my earnings. Where's the freedom? Looks like Russia before 1989 to me.
Ed

Hallo Ed,

I just came back from Holland last September. (Rotterdam Blijdorp Zoo, family pics ;), was one of the places).
Anyway.
Here in Richmond at a local park, the Maymont, it's a foundation (?) and they allow everybody to make as many photos as they wish, but not pro's. If I do a senior shoot it's 50 dollar and if I was to do a bride or wedding it's 100 dollar for the "foundation" or else you get escorted of the property. (100 dollar becouse of the use of a building to have the lady chainge into the bride dress)

My lab told me this after I picked up a few portfolio photos I made from my daughter to use as samples for prospective clients. He actualy seen a photographer and bride being removed from the place.

Yes it's different here then back home in Holland, but I guess I have learned to live with it. We have one expression in any type of work, cover your a..
You mentioned paying taxes. Yes thanks for reminding me. I will use that if I do get asked by someone in the county. Only 3% yet, but still it goes quick. The 5% sales tax goes directly to the client, but then again so is the property tax if you think about it.

Back to the subject though. My client selected the prints yesterday and she decided not for the "trees only" but the "stairs" backdrop. I have told her a few times it is not going to look like the real thing, but she is happy with it. The stairs backdrop is a photo from a stone stair in a park, surrounded by trees and with "fall" leaves on the ground.