Release for photos

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  • 05-25-2009, 06:10 PM
    vaughn bobbitt
    Release for photos
    When are you required to obtain a model release for photos taken on the street,Such as Schools,Sporting events,Parks ,Ect
  • 05-25-2009, 09:09 PM
    opus
    Re: Release for photos
    If you planned to use them in Stock photography they would require a release before they'd accept them. Same with any kind of magazine, etc.; say you wrote an article and sold it with the photo. The mag would want to protect itself and would require you to provide a release before they ran it. News and editorial can get away without one, although I'm sure having one would make them feel covered. Any commercial use, you need one. If you take it for your own use, usually not, but then if you're displaying in a gallery someone might make an argument that you're profiting on their likeness. If you sell the photos, definitely need one.

    If the person is displayed in such a way that a "reasonable, impartial person" would not recognize them, then you don't need one.
  • 05-26-2009, 03:07 PM
    vaughn bobbitt
    Re: Release for photos
    What I was looking at is when photographing street people and there are people in the background, would I need a release from everyone if I display or sell the photos?When taking photo law in school in the 70s we were told if taking photos in a public place that even the police can not take your film and no model release were required if taking photos in a public place.Is it true that when taking photos at schools that you should be care full of what kids you take photos of because a kid could be under protective relocation from a abusive parent and do you need a release from every one if you sell photos to the news paper of school events?
  • 05-26-2009, 03:12 PM
    opus
    Re: Release for photos
    I learned the "public place" think in the early 80s, but I'm really not sure what's changed between then and now. Haven't asked that particular question. I'm also skeeved about taking pictures of kids, and on school grounds, since there are so many restrictions on schools these days. (I am personally afraid of even just having pictures of strangers' kids on my camera these days, with all the fear of sexual predators making everyone ultra suspicious. I am a mom and I know it would make me very uncomfortable if some stranger was shooting pix of my kid at the playground or on school grounds, and I might call the police.) In the case of selling pictures to a newspaper, I would contact them directly and ask.

    In fact, it might be a good idea to contact a photographer on your local newspaper staff and ask him your questions. He'd be updated on it for sure. Then come back and post what you found out for the rest of us, lol!
  • 06-02-2009, 09:22 AM
    vaughn bobbitt
    Re: Release for photos
    I have Kids in School and when we go on field trips I take a lot of photos,I get a lot of great shots of the kids doing stuff. Most of the Kids have known me for years Some of photos I would like to display,Just looking out for myself.
  • 06-04-2009, 07:55 AM
    Franglais
    Re: Release for photos
    Quote:

    Originally Posted by vaughn bobbitt
    When are you required to obtain a model release for photos taken on the street,Such as Schools,Sporting events,Parks ,Ect

    This is the way things work in France, in theory at any rate

    Schools, sports fields and parks are private places, just like shopping malls, offices, libraries, trains, buses... If there are rules and regulations you can be fairly sure that the place is private. About the only place that is really public is the street.

    You have no right to take a person who is in a private place even if you are in a public place.

    You do have the right to take a picture of a person in a public place and publish without getting a model release, as long as the person is not individualised i.e. a group in the distance is OK, a waist-up picture of two people is not.

    "Publish" includes competitions and Internet. A professional news photographer has a duty to inform the public of a news event and can usually publish news without getting a model release, as long as he does no hard to the subject.

    I would definitely get a model release before any sort of publication. At least you know who the kids are
  • 06-09-2009, 07:16 PM
    jetrim
    Re: Release for photos
    US Law is really complex regarding this, but it all boils down to intended use and perceived endorsement. A couple years back a Mustang car club was successfully sued by Ford because the club's calendar (which was being sold to the public) could be perceived as being a product endorsed by Ford Motors even though it made no mention of any connection and even though the cars were owned by members of the club who willingly allowed them to be photographed.

    So, to apply this to your situation, if you took a shot of a bum drinking a 40oz Schlitz and a person could make out the name on the label, Schlitz Brewing Company could go after you on the grounds that you hurt their reputation by suggesting they endorse public intoxication or a laundry list of other complaints.

    Now Schlitz may LOVE it, and simply ask for usage rights for advertising and/or a cut of the profits, but if there's a recognizable person in the background, they may see it as disparaging or unflattering that they are now known to consort with drunks on the street, which presents another legal problem for you and Schlitz...

    This is why stock companies insist on releases, because they can't know the final use when they license the image, and they're not going to put their necks on the line because little bobby's parents are pissed off that he's endorsing Nike` soccer balls, since little Bobby's uncle is a rep for Adidas.

    So, the short answer (as I understand it - and I am NOT a lawyer) is, IT DEPENDS.
  • 06-13-2009, 12:27 PM
    vaughn bobbitt
    Re: Release for photos
    Thanks for all the replies.My intent is not for profit but display or for photo contest.I have seen shows like The Genius of Photography and other Documentary shows and do they get a Release from everyone?What about the Paparazzi and how do they get away with what they do? I love to take People photos and I've Been doing it since 1973 and started with B&W 8x10s to 16x20 for high school contest.I live in a small town of about 19,000 that is mostly Hispanic an there are a lot of great photo Ops.I see now its about Intent.Thanks to everyone
  • 06-18-2009, 08:34 PM
    KmH
    Re: Release for photos
    Quote:

    Originally Posted by vaughn bobbitt
    When are you required to obtain a model release for photos taken on the street,Such as Schools,Sporting events,Parks ,Ect

    You don't need a release to take a picture. Ultimately, it is the publisher of an image that has exposure to a law suit. The publisher may not be the photographer.

    The need for a release is totally dependant on the usage.

    A model release is not needed for editorial use. (newspaper, magazine article, etc.)

    A release is not needed to display or sell art images.

    If an image is going to be used for advertising (yours or anyone elses, like a advertisement in the magazine mentionened above) or commercially (like stock) it's generally not sellable without a release. Using an image in a commercially without a release just means THE PUBLISHER could wind up in court with the potential of spending a sh!tload of money, win or lose.

    So, if you want to sell that street scene image to an ad agency for Exxon to use in a global ad campaign, you would need a signed model release from from each recognizable person in the image.

    If you want to print it and sell copies of the same image at the next art fair, you don't need to get model releases.

    Frankly, you could make way more money getting model releases signed and doing both.

    Here is a Model Release Primer
  • 06-18-2009, 08:37 PM
    KmH
    Re: Release for photos
    Quote:

    Originally Posted by vaughn bobbitt
    Thanks for all the replies.My intent is not for profit but display or for photo contest.I have seen shows like The Genius of Photography and other Documentary shows and do they get a Release from everyone?What about the Paparazzi and how do they get away with what they do? I love to take People photos and I've Been doing it since 1973 and started with B&W 8x10s to 16x20 for high school contest.I live in a small town of about 19,000 that is mostly Hispanic an there are a lot of great photo Ops.I see now its about Intent.Thanks to everyone

    Documentary shows are doing editorial uasage. Paparazzi sell to editorial outlets like newspapers and magazines and documentary television shows.