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Old 12th of July 2012 (Thu)   #1
Tideas
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Default Release form needed?

So guys,

If I plan to go out into the street, and ask to take pictures of people, and do so, and then put said picture on some kind of digital/book form, and that then goes on to make money.

Would the people in the picture be able to come back in the future and ask for some kind of royalty payment?

Does this mean that if I intend to ask random people to let me take pictures of them, and they agree, that I should have some kind of release/consent form in case of future legal issues?
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Old 12th of July 2012 (Thu)   #2
nathancarter
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Default Re: Release form needed?

Where are you located?

I'm not an IP lawyer, but my understanding for the United States is this: As a general rule, if you're selling the book as art, and you're not using the person's likeness to promote or endorse a product or service (i.e. commercial use) then you're probably fine without a release.
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Old 12th of July 2012 (Thu)   #3
Tideas
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Default Re: Release form needed?

US, but the photos will be taken worldwide.
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Old 13th of July 2012 (Fri)   #4
Dan Marchant
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Default Re: Release form needed?

The easiest way to remember it is that you don't need a release to take a photo or to sell the photo. You (or anyone you sell/license the image too) only need a model release when you use the photo to advertise/promote/market a business/product or service.

Including a picture in a photo book, selling prints or displaying the prints in a gallery don't require a release.
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Old 13th of July 2012 (Fri)   #5
FlyingPhotog
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Default Re: Release form needed?

Quote:
Originally Posted by Tideas View Post
US, but the photos will be taken worldwide.
From what I understand, beware of France...

Their "reasonable expectation of privacy" extends to those in public.
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