Question about releases

[J. Cobble]

So, as a freelance photographer, what are the rules for taking pics of folks and using the pics for profit. Example, at the racetrack, if civilians are in the pic, do you need a release from anyone you can recognize? Is it my responsibily to get those? How bout public figures or racers? I got a pic of Micheal Jordan published in a national mag. I never got a release from him....was it required?

[Digital Prophet]

I have been wondering these very same things myself. (Even though I have a long way to go before I have to worry about selling a pic) And there is a book that I plan to pick up called The Law, In Plain English, for Photographers (http://www.amazon.com/exec/obidos/tg/detail/-/1581152256/qid=1083353735/sr=8-4/ref=sr_8_xs_ap_i4_xgl14/103-5517262-1405409?v=glance&s=books&n=507846). I have flipped threw this book a few times and it looks like it is full of some pretty useful information in a pretty laid back manner.

There is also another book that I have seen on the shelf called Business and Legal Forms for Photographers (http://www.amazon.com/exec/obidos/tg/detail/-/158115206X/qid=1083354013/sr=1-1/ref=sr_1_1/103-5517262-1405409?v=glance&s=books). This one seems to have some information but was really just alot heavier on the forms. Or so I recall from the one time I scoped it out.

Hope one of these sheds some light on the matter. Plus I am sure that you could find the same info for free online. But that may take a good bit of digging. Whatever you do, look professional and always have a state ID with you (ID or Driver's License). I have been approached by cops/security a number of times for taking pictures in public of people and/or buildings.

- Digital Prophet -

[Longwatcher]

The nelow only applies in the US and I am not a lawyer so take it for what it is worth. That said, it is my understanding Freedom of the press and all. If the picture is newsworthy or of a political nature, no release is needed. If the picture is specifically taken for commercial purposes or used for advertising, then it is my understanding that while you don't technically NEED a model release, it does provide some evidence that the model was aware of the intended nature/purposes of the images and gave their blessing to the project. That said it is also my understanding that a model release is not proof against litigation, just imporves yoru odds of not having to pay out.

Of note: only an adult can give a model release and once a minor turns 18 they can recall any release signed by them or in their name. They have an unspecified time to do this, but usually defined as about 12 months (after turning 18) I seem to recall.

Just my memory of research done about a year ago.

Short form: Get a model release whenever you can, but don't panic if it is not possible.

[theoldmoose]

Whatever you do, look professional and always have a state ID with you (ID or Driver's License). I have been approached by cops/security a number of times for taking pictures in public of people and/or buildings.

- Digital Prophet -

That just burns my butt. Since when did we become a police state. As far as I can recall, citizens in the U.S. have never had to carry 'papers', to prove their legitimacy. We can even travel from state to state, without having to carry ID to show on demand.

I also don't recall when it became a crime to take pictures of most public buildings (not withstanding architectural 'licensing' issues, but that's a civil matter).

Now, I carry a driver's license with me pretty much wherever I go, but it would really raise my temperature to be approached by an officer, who demanded to see such evidence, just because I'm photographing something.

[JoeTampa]

You'll find that in the age of terrorism, photography is being seen as a liability in law enforcement circles. I was taking shots of the changing of the guard at Buckingham Palace last week when I was approached by a bobby. His opening statement? "That's a big lens you're using there.." (100-400L). Oh, boy; here we go. A quick explanation of what I was doing (tourist-type shots being shot by a pro photographer), a look through my backpack (more lenses, etc), and a business card convinced him, and he informed his bretheren that I was an OK guy. He could have instructed me to pack up and leave the area (as it is a ROYAL area, not a public one), but was nice about it. Moral of that story: You certainly shoot more frames with honey than you do with vinegar. Yes, having to explain yourself sucks, but being detained or compelled to leave an area and miss the shots you came to shoot sucks more.

Oh, and before you assert your "rights" and insist that you're on public property and that you're staying put, you should be aware that violating a lawful police order is an arrestable offense (disorderly conduct). If you think you've been illegally/improperly compelled to stop/leave, you should do so, then file a complaint/suit/whatever the next day.

If I were to be shooting something that might cause distress, I would approach a nearby police officer and advise him/her of my purpose there and satisfy any questions/concerns right off the bat. You will immediately be viewed as something other than sinister.

[JoeTampa]

You'll find that in the age of terrorism, photography is being seen as a liability in law enforcement circles. I was taking shots of the changing of the guard at Buckingham Palace last week when I was approached by a bobby. His opening statement? "That's a big lens you're using there.." (100-400L). Oh, boy; here we go. A quick explanation of what I was doing (tourist-type shots being shot by a pro photographer), a look through my backpack (more lenses, etc), and a business card convinced him, and he informed his bretheren that I was an OK guy. He could have instructed me to pack up and leave the area (as it is a ROYAL area, not a public one), but was nice about it. Moral of that story: You certainly shoot more frames with honey than you do with vinegar. Yes, having to explain yourself sucks, but being detained or compelled to leave an area and miss the shots you came to shoot sucks more.

Oh, and before you assert your "rights" and insist that you're on public property and that you're staying put, you should be aware that violating a lawful police order is an arrestable offense (disorderly conduct). If you think you've been illegally/improperly compelled to stop/leave, you should do so, then file a complaint/suit/whatever the next day.

If I were to be shooting something that might cause distress, I would approach a nearby police officer and advise him/her of my purpose there and satisfy any questions/concerns right off the bat. You will immediately be viewed as something other than sinister.

[theoldmoose]

Oh, and before you assert your "rights" and insist that you're on public property and that you're staying put, you should be aware that violating a lawful police order is an arrestable offense (disorderly conduct). If you think you've been illegally/improperly compelled to stop/leave, you should do so, then file a complaint/suit/whatever the next day.



I'm married to an attorney. I'd say that I've been fairly well briefed in the area of 'what you say to the nice officer'. :P

What I think may be something completely different, and is none of his business.

Come to think of it, being married to an attorney has its advantages. Being represented by family is not one of them, though (against ethics code). But, I have witnessed first-hand, though, how they 'work the system' so that officious self-important officials are rendered impotent by simply knowing the law and its limits. Most government officials depend on bullying folks around, by assuming that they don't know what's going on. When they encounter someone that knows what's what, it really throws them for a loop. :lol:

[andrewaaa5]

Does anyone know where I can get some releases from? Please post some links if you have some so I can throw one together myself more easily.
Thanks. Andrew

[JoeTampa]

Does anyone know where I can get some releases from? Please post some links if you have some so I can throw one together myself more easily.
Thanks. Andrew

A simple Google will serve you well:

http://www.google.com/search?sourceid=navclient&ie=UTF-8&q=%22model+release%22


- Joe