Portfolio pics

[Grant]

July 13, 2009 at 11:31 am

Hi all,
I’m new to all of this so go easy if it is a really stupid question to you all.
I’m just wondering if there is any legal implications of any guidelines to follow in regards to pictures posted on websites as a portfolio? I’ve heard of model release forms at fashion shoots but I’m wondering if there is anything similar for ordinary shots … for an example…. say I took a picture of a friend and others and posted it on my web portfolio…. would I be breaking any laws? I would obviously ask their permission if possible but say someone else was in the shot didn’t like being posted on the web… but I’m just wondering if there is any formal procedures to follow?
Cheers
Grant

[paul]

July 13, 2009 at 11:40 am

A model release is basically a contract between photographer and subject. It would generally cover things like usage of images, etc.

Other than that, there are also Data Protection issues, which must also be considered.

It will also depend on where the image was taken. A photo taken in a public area should be fine. A photo taken on private property would generally require a model release.

Of course, every situation differs.

[miki g]

July 13, 2009 at 11:59 am

Hi Grant. First of all there is no such thing as a stupid question so you can relax with that one. Secondly, everyone here had to start at some stage so being new is no problem either. Also welcome to PI. All the experienced lads here will be only too happy to guide you in the right direction. As for the law, this is very open to interpetation. Model release forms are used when photographing people in many instances. Theorethically (excuse the spellings), they should always be used when people are involved, but the laws in different countries will vary on privacy issues. For example, We are recorded daily going about our business on CCTV in shops, banks, on the street etc. The use of the CCTV (or photographs) however is what counts. If it is used to ridicule someone,defame them or is used in an illegal way, the person has a case, otherwise the use of the images is not really an issue. If, therefore a person appearing in one of your photos objects to it’s use, out of courtesy you would remove that image from your portfolio or at least from public viewing. I don’t believe they can expect any more from you than that. Hope this is of help to you.

[Ashley]

July 13, 2009 at 12:15 pm

It’s not a stupid question at all.

I wouldn’t lose sleep over it, if all you are talking about, is your own website or portfolio.

However, if you are planning on selling the images to others, for them to use, then THEY may request a release form signed.
The purpose of the release is to protect you & them (person using the image) from any future lawsuits the person (in the image) might file for claims such as defamation and invasion of privacy.

http://www.asmp.org/tutorials/property-and-model-releases.html

[miki g]

July 13, 2009 at 2:21 pm

Hi Grant. Just something I forgot to mention in my last post. Images of children need to be handled very carefully. Always obtain permission from the parents before publishing.

[Grant]

July 13, 2009 at 3:23 pm

Thanks guys for your replies.
So say for instance I do a few photos at a friends wedding and I wish to use them on my website portfolio, apart from asking their permission, should I get them to sign a release form just to cover myself? Is this the norm? What if they were a guest and I didn’t ask permission?

Also,
How do I go about getting a release form? Are they a standard template or do I need a solicitor to draw one up?

Cheers again guys for your time!

Grant

[Ashley]

July 13, 2009 at 4:49 pm

You can do a Google search for templates; however, a proper release form should be in the form of a carbon-copy type.
So they sign it and you give them a copy of it, for their records.

The AOP sell these in book form.

If you are shooting their wedding, then your T&C’s should have something in it saying you can use the images for this type of thing.
Most standard T&C’s cover this.

Legal Business Forms.

Property & Model Releases info.

[Grant]

July 14, 2009 at 8:05 am

Thanks again Guys for your help.

Ashley,
Thanks for your advice and posting the links. I’ve never heard of AOP before so that is going to be really helpful!

Grant

[Niallo]

July 17, 2009 at 2:59 pm

I photographed a wedding recently and have asked the bride and groom for permission to upload some images of the day to my website for my portfolio.

They refused stating that ‘they wished to keep the images private’.

One image in particular (Bride and her father walking up the isle. Photograph taken from behind, so no faces shown) I feel would be an enormous help to me in relation to anyone looking at my website.

Bride & Groom have still refused me permission to use image.

I do not wish to go down any legal route but am wondering if there is anything I can do in relation to the matter.

Any help would be appreciated.

Regards,
Niall.

[Ashley]

July 17, 2009 at 3:29 pm

Niallo wrote:

I photographed a wedding recently and have asked the bride and groom for permission to upload some images of the day to my website for my portfolio.

They refused stating that ‘they wished to keep the images private’.

Any help would be appreciated.

What does your Terms & Conditions say about this ?

For example:

5. EXCLUSIVITY
The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.

[Rob]

July 18, 2009 at 1:39 am

As Ashley mentioned, Terms and Conditions are of paramount importance
and any prospective client should be made aware of them prior to any
shooting engagement to avoid any misunderstandings concerning the rights
of the photographer to use his/her own work for promotional purposes…

Exclusivity
The Client will be authorised to publish the images to the exclusion of all other persons
including PBR. However, PBR retains the right in all cases to use the images in any media
at any time and in all territories for the purpose of advertising or self promotion, inclusive
of prints and framed pictures for retail.

There are more variations of this section than you could shake a stick at, but they all
get around to saying the same thing. In a way it just reinforces another more important
aspect of your terms and conditions – Copyright.

Copyright
Copyright of any Images supplied is owned and retained by PBR at all times and in all territories.
Images are supplied on loan and no property or copyright passes to the Client whether on
submission or on PBR’s grant of reproduction rights in respect thereof. The Client agrees that
PBR is the sole author of the Images.

If you haven’t already drawn up a proper list of Terms and Conditions, I’d recommend
that you do it immediately…

[bigalguitarpicker]

July 18, 2009 at 9:43 pm

I could be totally wrong and I’m open to correction, but as I understand it, there is no legal requirement for model releases at all. If, however, you offer photos of people for publication, the publishers will require model releases for everyone recognisable in the photos. Just in case somebody kicks up a fuss about their photo being used. This means the publishers aren’t involved in any disputes. The dispute is between the complainer and the photographer, so a model release is to cover your ass.