Event shoot, need release?

[michaelsink]

Hello all,
I've been trying to better my craft by shooting at various festivals and parties and basically aggravating friends and family with my camera (not really :rolleyes: ) and was wondering if I go to an event, like a cultural festival (see my other post about an Indian festival) or a ball game, etc. and shoot photos of people and set up a site to view and order pics from how does that work without a release? For instance (I did not intend to sell prints from the festival that I linked to) but if I had put photos up on a site to purchase them from, if it was the person in the photo buying then it, but what if they are being purchased by others...?

How do you guys handle this?

Thank in advance,
Michael

[staereo]

It completely depends on the venue you are shooting.

My experience from event staffing tells me this (sorry for list structure).

1) They often issue credentials to photographers shooting for the media.
2) They are often paying photographers for their own photography staff to capture their images.
3) Often admittance regulates a few things. Sometimes they incorporate a weak model release into admittance acceptance to the attendees of the event. This basically means that attendees agree that their likeness may be used for the promotion of the event from images taken at the event. If people pay money to get in to an event, and its doors are closed, there MAY be an inference of privacy. This is why events often include small print on ticket sales regarding promotional images taken by staff photographers. If you didn't staff it, and are making money outside of those bounds, you may be playing with fire. IT really depends on how hard someone wants to push it. I only sell images from events where I have releases allowing me to do so. Will you get caught, probably not.
4) The event itself may bring up a fact that THEY didnt sign a release for location, or owned property that was involved in the images. Reason being is sometimes events offer photographers a table or rights to sell images, for a fee paid to the event. This would be there way of enforcing that for the photographers that did pay to have that right.

Now, publishing them online I hardly think will be a problem, but the moment you bring a financial gain into the mix, it gets a little bit trickier. Even still, some events are so tight about their photography that you arent even supposed to publish images from the event without credentials giving you a right to do so.

Really, I wouldnt worry to much about displaying them online, but as you talk about selling them, it's a tough call. Decide if you think you will make enough business to raise a brow, and also, would it be worth a bridge burned with the administration of the event? Perhaps an inquiry will get you further with the event administration?

As far as releases from people in the images go, if they are recognizable, and you are selling their likeness, technically you need a release.

Bruce

[michaelsink]

Bruce,
thanks for the reply, you seemed to have shed light on these areas, and given something more to llok into. What about rec. league ball games (any) and free admission shows in public places. ie: the festival that I attended was in a public park with no gates or admissions. I will check with local organizers, directors and whatnot before the events now and see how they respond.

I am looking for ways to add to my portfolio and make some mony to buy better gear and thought something like this would be a viable option.

Thanks again
Michael

[staereo]

If it is all public and open, you would be free to sell it as an editorial piece, but not to make it art. (If that makes sense.)

If you had blanket permission from a league, club, or team that the players belong to, at a rec level, I really dont think anyone would give you a hard time. And as long as youre not hard selling your prints, they may actually take it as a service, and be appreciative.

The other thing I've heard of people doing on here (and I may do myself at some point) is offer a percentage cut, or donation to the club or function from your profits. Apparently local and non profit groups dig this as a fundraiser idea. They may end up talking you up a bit more too amongst the members, and you may make back in quantity far more than you lost in donation.

Just an idea..
Bruce

[nitekatt2006]

I have asked this same question on other forums and I think that some of the responses here pretty much clarify the matter. There shouldn't be any problem posting your images on line, especially as an editorial usage or self promo. I have worked in club events, given a media credential by upper management and cleared by security to have all access in the room. There is a sign posted by the entrance in big print that states that continuous photography and video is being done on premises. That alerts the public patrons that their likeness may appear on any image, whether in the newspaper or photographer's websites.

And remember that any legit advertising agency will not use an image for commercial purposes without that person's model release signed and filed for reference. katt