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Release form required for this situation?
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Hi,
I’ve been asked by someone if they can use an image I took of an athlete at a local triathlon in a document. Unfortunately I can’t outlay the exact situation as they’ve asked me to keep it quiet for now, but it would be used in a publication that would be distributed widely nationwide but within a restricted group. I know who the athlete is in this instance, do I need to get a model release form for this purpose? For the moment, I’m issuing a license document (thanks Ashley for a previous helpful post on this one!) giving permission for it to be used in the draft document at no fee, but if it gets full approval, then I will be charging a fee.
If I do need to get permission from the person in the photo, and I do get a fee, should I expect to have to pay them a % of the fee?
Another new area for me, so thanks in advance for any advise.
Dor
I believe you should get a release contract in this case. It’s needed to protect yourself.
As for payments, you’ll need to take that discussion too.
Another note, you may also need the permission from the event organiser if you want to use the image commercially.
You might want to ask someone who knows for sure (ashley usually knows)…no offence Paul! But if I shot a tri and somebody wanted to use images for an advert or whatever, I think it would be fine without a release, and I wouldn’t be paying the athlete/event people…it’s not a model shoot after all.
Will be good to know some answers though…good question!markcapilitan wrote:
But if I shot a tri and somebody wanted to use images for an advert or whatever, I think it would be fine without a release, and I wouldn’t be paying the athlete/event people…it’s not a model shoot after all.
If I shoot a sports event, and capture a moment, and then want to use that commercially (sell for advertising), then I know (for sure) that I need a commercial release from the club/organisation and also from the player (or their agent).
A grahic company that does work for a professional sports organisation in the west to me told me that they prefer to used images of players that don’t have agents as they don’t want to bother with the hassel involved and the extra costs etc.
That’s good to know Paul.
Back in my F1 days, the amount of shoots we did for advertising…no model release was ever used. If a company wanted to use an image from the archive (old or recent image) they paid our usage fee, and got to use the image – there was never any need to deal with the team/driver/FOM anything!
markcapilitan wrote:
Back in my F1 days, the amount of shoots we did for advertising…no model release was ever used. If a company wanted to use an image from the archive (old or recent image) they paid our usage fee, and got to use the image – there was never any need to deal with the team/driver/FOM anything!
It would also depend on the juristiction(s) involved – where the image was taken and where it is to be used.
Also, legislation in relation to commercial rights, IP, etc have changed a lot over the years. Commercial use of images in advertising has become a very sticky thing, especially with anyone identified in the images. Everyone wants their cut of the money.
Of course, it would also depend on the agreement (accreditation rights) you have to shoot in the first place, and what that includes and excludes.
Thanks for the responses everyone, it looks like there’s quite a variation.
I wasn’t contracted or paid by the club running the event to take photos so I wouldn’t see that I need their permission when the shot was taken on the open road. Unlike some events they didn’t have an exclusion order (or whatever the term is) on photos taken. However, I did contact the athlete in question and she was ok with it, saying you’d have to know her to recognise her.
Interesting though and on a different tack, does anyone know if it’s true that some state agencies are exempt from seeking a photographers permission for using photographs under the Copyright and Related Rights Act?
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