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Signed Release Permission

  • tara1
    Member

    Just read something elswhere which was about photographing people and their personal property and the use and sale of those images.

    I have done a quick search here but cant find the info i want so……….

    I understand that if you photograph a model ( paid posing person ) then you need a release form, but what if you photograph………….
    1…….People in the street or anywhere ( known to you or unknown )

    2…….A public event

    3…….Anything OTHER than a paid posing person ..i.e….Someone elses personel property..i.e. A pet…A car….A building…A boat etc etc etc etc.

    Do i still need to get a release form signed if i put those pics for sale or if i offer them for sale in any way????

    Do i need to get a release form signed if i display those images publically????????

    fluffy_penguins
    Participant

    It’s not whether you pay the model or not, but it depends on how the photo will be used.

    If you want to sell commercially, for people to use in ads, brochures, websites, annual reports, etc. you will need model releases if you can identify the person; property release if you can identify the location; and property release for a surprising number of tourist sites (the eiffel tower at night, for instance, requires a property release, as does the empire state and the flatiron building). If you are selling via a stock or microstock agency you *must* have releases; they will not accept your images (with identifiable ppl, etc) without a release as they cannot sell it on for you. Get a generic release that you can use on multiple sites, and get it witnessed! (See FAQs at istock: http://www.istockphoto.com/faq.php?FormName=FaqSearchForm&Category=13 — their rules are pretty standard across the various sites)

    If you are selling fine art prints, from your own website let’s say, or at a gallery, you will not need a release, at least in the USA. A photo taken on the street and without his consent was being sold at a gallery for upwards of $10,000 — guy in the photo sued and lost – upholding rights of the photographer. Interesting story – read more at
    http://www.nyc24.org/2006/issue3/story02/index.html

    For editorial use (newspapers and such) no, release not needed.

    A teacher once advised me that if you are not sure how you will use the image down the road, get a release now. That way you are prepared for future use.

    It’s not as hard asking someone to sign as you might think… even with street and travel photography, it’s really just about communicating with the people you shoot.

    Catherine

    tara1
    Member

    Thankyou Catherine.

    So a pic of the street with various people in it which there faces could be recognised “could” end up with problems if sold???

    Does anybody know if Old Castles etc in Ireland come into this “release” catorgory???

    So if i got photos of Celebrities then i would need a model release???? Then they would spend all day signing release forms???

    Does anyone know if he is correct?????

    fluffy_penguins
    Participant

    You need to answer, for yourself, two basic questions:

    Who are you selling the image to and how will they use it?

    That is really the only thing that determines if you need a release or not. For celebrities, man on the street, old castles, fancy buildings, etc.

    If you are selling a print for someone to hang in their living room, you have no problem at all. If you are selling to a newspaper for strictly editorial use, again, no problemo! But if you are selling an image to Pfizer to use in their latest Viagra campaign, you’d better have a release, properly signed and witnessed!

    Is the castle in question under management of some sort? Public works or something? If so, just contact them to ask about commerical use. They will def. have a policy. If it’s a ruin sitting in a field somewhere… I wouldn’t worry. If your prints are fine art, again, no worries.

    The info on the other site is good, but as he says there “First off, you should never, ever, ever, take legal advice from someone posting on an internet forum. Today I am an attorney, tomorrow I might be a Hollywood producer and the next day a Doctor. Soon I may be a divorce councilor, who knows?” Funny, but true.

    Dr. Catherine (divorces also available….)

    Puckpics
    Member

    fluffy_penguins wrote:

    The info on the other site is good, but as he says there “First off, you should never, ever, ever, take legal advice from someone posting on an internet forum. Today I am an attorney, tomorrow I might be a Hollywood producer and the next day a Doctor. Soon I may be a divorce councilor, who knows?” Funny, but true.

    There is a UK publication entitled ‘The Photographer and the Law’ that is considered to be one of the best practice guides on this type of subject matter. I’m sure it’s available via the online retailers, or may be in a larger local library.

    Expresbro
    Participant

    Doctor Catherine…I recently met this girl at a school dance and I think she likes me. I like her and we always seem to have fun together. The problem is, her best friend likes me too and keeps trying to pull me into the alcove every time her friend goes to the toilet.

    What should I do? I’ve never been with a girl before and would like to go to the alcove with her, but I really like her friend and hope to marry her someday?

    Yours in confusion…

    A frustrated future amateur photographer…. :D :D :D

    fluffy_penguins
    Participant

    :lol:

    Dear confused…

    As my dear old mum used to say… a bird in the hand is worth two in the alcove…

    As long as you have a signed, witnessed model release from both girls, and a property release from the school, I see a bright future ahead for you with your photography career … a centerfold spread wouldn’t hurt…

    More advice at “He Shoots, She Scores”
    http://www.playboy.com/specialeditions/howto/index.html (Moderators note – Link NSFW. SteveD)

    [Ed note – hilarious article…. you *must* read!!!]

    Sincerely,
    the doctor

    Expresbro
    Participant

    Dear Doctor Catherine,

    I followed your advice and asked both girls for a release form. I now have a bruised lip, broken tooth and all my friends think I’m a jerk? I never got to the alcove and both girls now hate me. In fact they have become a couple and are causing quite the scandal at school. The head teacher blames me for bringing the school in to disrepute and is threatening to expel me.

    Are you sure you are a therapist Dr Catherine?

    Yours in abject despair AND greater frustration

    A totally confused .Future amateur photographer

    fluffy_penguins
    Participant

    Hah!

    I’m also an ordained minister http://www.spiritualhumanism.org/ and my PhD came in only FIVE days… http://www.affordabledegrees.com/

    :-)

    C.

    Expresbro
    Participant

    Doh!!! :cry:

    Hehehehe!! :wink:

    Better stop hijacking the thread….thanks for the giggle :D

    Robbie
    8)

    tara1
    Member

    I see there is some people on your site Robbie which are recognisable, does that mean that you had to get permission to display their photographs??

    Mark
    Keymaster

    Tara, not unless Robbie is making money commercially.

    tara1
    Member
    Expresbro
    Participant

    Mark wrote:

    Tara, not unless Robbie is making money commercially.

    I wish I had that particular dilemma Mark… :cry:

    But I am having great fun…hehehe!! :D

    fluffy_penguins
    Participant

    tara1 wrote:

    There is a reason for these questions as you will see :)

    Since you have a specific question or scenario in mind, you’d best get some professional advice. It would be money well spent, particularly since you are clearly looking for a specific answer.

    Advice from us in the forums is useful only to get a better understanding of the broad concepts, but useless in any real-world context (rights, royalty-free, stock, he’s gonna sue me, i’m gonna sue them, or whatever it is you are dealing with.)

    C.

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