Editorial or not? Specific situation.

OK, maybe I am over-complicating this, but I would like to know.

I have three shots of a particular instance. A sailboat is anchored offshore. In Clips #1 and #2, a man is rowing a dinghy toward the shore. Clip #3 is a closer framing of the boat just sitting there with water ruffles and birds.

The man is facing away from the camera, and would be too far off anyway, as it's a long shot. However, his family and friends/acquaintances and certainly himself would recognize his boat, location, and probably, if nothing else, the man's shape in the dinghy.

Should I check "editorial" or not? No release was obtained for the person or the boat (property).

Thanks for your patience!

Mizamook,

Personally I would be inclined to take whatever measures gives you the best protection.

I would agree with fract. You're talking about personal property. The "editorial" isn't a cover all just because you shot someone on the street (or boat) and didn't get a property or model release.
You would be the one to get sued.

Mizamook, whether you check it or not, Pond5 will make a decision for you. If necessary, they will add this text for you: "No release available on file. Additional licensing may be required."

Thanks for the responses. In the future I will definitely be more aware of the implications of my actions, and my responsibility.

My gut instinct suggests to me that because the shots were similar in nature to those you would get shooting other vehicles being operated in public, like a pack of motorcycles or somesuch, and no actions or behaviors were exhibited that implied anything negative, it would be unlikely that the party involved might be affronted, offended, or otherwise overly possessive of the photons that bounced off of their physical manifestation.

As I said, however, I will be more thorough and careful in the future. The technicalities seem to be somewhat complicated and most onerous!

For instance: Is a boat like a car? Is there a legal difference between a hand-built boat and a factory boat in cases like this? What about the boat's name and number, or, in cases I will certainly run into, the registration number on the tails of aircraft?

Thanks again!

Here is some pertinent information:
http://blog.vadervideo.com/2010/08/photographers-rights-and-my-memory.html

and
http://blog.vadervideo.com/2011/01/copyright-protection-and-you-finally.html

Mizamook,

You might want to look up the legal details first before you rely on your potentially incorrect gut feelings. No sense getting into hot water over something that you yourself would disregard automatically. There are plenty of people who might feel taken advantage of if you were to profit from their likeness with or without their knowledge or consent. Then consider there are those who feel that just because they are in a public space that does not give others a "right" to capture their likeness in any way, even if it isn't for commercial gain.

In any event I wouldn't rely solely on blogs or internet searches of articles. Try the Library of Congress web site first.

http://www.loc.gov/index.html

Since you were taking a video of public areas and they messed your shot up by getting in front of your camera ... well it's there fault. It's like McD's saying you can't take a photo of a public street because they chose to build a restaurant or put up an advertisement with the "arches". In your case you as the photographer are not using them to recommend or endorse anything, they had no expectation of privacy. From your description is NOT editorial per P5 guideline. Editorial checkbox is a news worthy event or subject. Nothing newsworthy about it unless the boat was sinking or a big wave was ready to drown them. Let P5 put the statement. If you do not add a release it is obvious to buyers that there is no release. They are responsible to not abuse the subject.