Photographer's rights...

[InskiP]

to use images. I was looking at a portrait (mostly children/family) photographer's website recently. It said, "All originals are the property of the photographer. The photographer reserves the right to reproduce and publish images. All images are protected by federal copyright laws..."

The part I was wondering about is where it says the photographer reserves the right to reproduce and publish the images. Just stating that isn't enough to guarentee that right, correct? The reason I ask is that I take portraits as well, mostly family (ie, maternity, children, etc), I don't necessarily want to publish the images, but would like to use them for my own personal advertisment purposes, for example, my website gallery and portfolio. Would a statement like this work for me, or do I need model releases from everyone I use? How does this work?

[tim]

Get a model release from everyone in the shot, to cover your ass.

[elTwitcho]

If you're going to use portrait shots, taken in a private setting with the person's likeness as the main subject for advertising you absolutely need a model release form. There is the issue of whether someone would actually go through the trouble to sue you, but if someone where to do it they'd likely have a strong case against you for what you're trying to do.

[InskiP]

I see photographer's displaying portraits of their clients all the time, from shop windows to websites, so they get a model release from all these individuals? How do you go about it? When do you present it? Do you include it as part of a contract of some sort? Or, do you just have everyone sign one? Also, when you get someone to sign a model release, do you give them something for it? Free prints of the images used? How does it work generally???

[mgbeach]

I see photographer's displaying portraits of their clients all the time, from shop windows to websites, so they get a model release from all these individuals? How do you go about it? When do you present it? Do you include it as part of a contract of some sort? Or, do you just have everyone sign one? Also, when you get someone to sign a model release, do you give them something for it? Free prints of the images used? How does it work generally???
I'm friends with a locally well-known portrait photog and he has a section in his client agreement that allows the customer to choose whether or not they will allow their images to be used in his promotional advertising.

I don't think he gives kickbacks of any kind. At the most it might be an extra 4x5 or two.

In a situation where you've hired a model and they sign a release, you can do whatever you want with the photo. If it's a time for prints aggreement it's usually structured so that you each can use the images for promotional purposes. In my own TFP agreement I put in there that no manipulation or editing can be done by anyone except me. I don't want a model with Microsoft paint deciding to do something "neat" to the image that has my name on it.

[Jon]

I write it into the photo sign-up/order sheet that I may use the photos for advertising purposes, although not for further sale.

[robertwgross]

Normally, when a customer gets the photographer to do any work, there is a very simple agreement signed. This agreement normally sets the price/rates for the work to be done. Typically in the fine print the photographer hides the model release text, and there will be some text about the photographer retaining the right to use the shots for his own promotional purposes.

---Bob Gross---

[InskiP]

I've seen examples of model releases, but not client agreements. Is a client agreement something that they sign, or is it an order sheet that simply states on it that the photographer may use the images for their own promotional purposes? Any examples?