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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 12 May 2005 (Thursday) 01:53
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STICKY: When do I need a Release?

 
DaLincster
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Aug 25, 2011 18:49 |  #211

Newbie here.. Hello! Before I ask a much needed question, I would like to say that from what I have read and seen on this forum, there are some awesome photographers on here, artistically and intelligently. I am proud to be a part of it.

Recently I took some photos of an individual running for a city office, his purpose being to use them for his campaign. In our initial discussion, I offered this person a free session, telling him that I will put the images online for him exclusively to purchase. He asked for me to also post them on my facebook page as part of my portfolio and when I did to title the gallery with his campaign info and to tag him in the images. I agreed to, but discussed that I would be putting my logo and copyright info on the online photos. We also discussed use of editorial images. We agreed on leaving the logo and copyright off of the images sent for editorial use in return for tagline photo credit. The same day, I posted the photos on Facebook with my logo and copyright, uploaded them to my online store and sent him a link.

Today, I found out that a local media company did an interview with him and posted an article concerning his candidacy on their website along with one of the images I had posted on facebook. On top of that, they cut off my logo and copyright. No photo credit was given, and I am also unaware of whether he whether he even gave them permission to use one of the images or not.

This person is also a friend, which is why I gave him a free session and did business on a handshake. You know.. how you use to be able to do business with someone - on honor and integrity. I don't want to lose his business or his friendship, but feel robbed that the image was used without even a single purchase of a digital download which was offered him in a gallery I prepared for that purpose.

Do I have any rights here? Any suggestions on what I can do?

Thanks in advance!!


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rolpol
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Sep 06, 2011 15:14 |  #212

I've had a read of all 15 pages so far and I'm not sure whether my situation has been mentioned so far, sorry for causing exasperation if the answer was under my nose all along...

A friend of mine is an author of factual books, specialising in digital media, and he's writing his third book at present. He requires images of people using digital devices in public for illustrations for each chapter, and has asked me if I'd like to have a crack at it. This is a UK based question, but the book will be published worldwide. Is this the same as photos illustrating a newspaper article or do I need a release?


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Majik ­ Imaje
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Sep 28, 2011 14:19 |  #213

DaLincster wrote in post #13000229 (external link)
Newbie here.. Hello! Before I ask a much needed question, I would like to say that from what I have read and seen on this forum, there are some awesome photographers on here, artistically and intelligently. I am proud to be a part of it.

Recently I took some photos of an individual running for a city office, his purpose being to use them for his campaign. In our initial discussion, I offered this person a free session, telling him that I will put the images online for him exclusively to purchase. He asked for me to also post them on my facebook page as part of my portfolio and when I did to title the gallery with his campaign info and to tag him in the images. I agreed to, but discussed that I would be putting my logo and copyright info on the online photos. We also discussed use of editorial images. We agreed on leaving the logo and copyright off of the images sent for editorial use in return for tagline photo credit. The same day, I posted the photos on Facebook with my logo and copyright, uploaded them to my online store and sent him a link.

Today, I found out that a local media company did an interview with him and posted an article concerning his candidacy on their website along with one of the images I had posted on facebook. On top of that, they cut off my logo and copyright. No photo credit was given, and I am also unaware of whether he whether he even gave them permission to use one of the images or not.

This person is also a friend, which is why I gave him a free session and did business on a handshake. You know.. how you use to be able to do business with someone - on honor and integrity. I don't want to lose his business or his friendship, but feel robbed that the image was used without even a single purchase of a digital download which was offered him in a gallery I prepared for that purpose.

Do I have any rights here? Any suggestions on what I can do?

Thanks in advance!!

What you can do- is 'chalk it up to experience'. This is the norm in this business. I've had it happen to me countless times from very reputable companies. They do this because they know they can get away with it!!

I had a person outright steal one of my very best images. He printed it up and was selling it around town. Of course I went to several lawyers. What a joke.. asking a crook to help me catch a crook!!

You have to be very careful in this business. There is no such thing anymore as a 'handshake' deal.

I recently received a proposal from Readers digest. They wanted a lot of photographs from me for an article someone who visited a remote region in Alaska wrote. This all occurred through e-mail. Then came the part where he wanted certain photos of certain subject matter(s).

I sent him images that were for posting on the web. 800 x 600. I need high resolution images he asked. (chuckle) what for? was my first question. Well we cannot print these and place them in our magazine. they need to be very high rez images. Yeah sure I said.. Are we talking about Readers Digest the magazine ? Just how large are you going to print these images ?? That is a small magazine that usually uses very small images.

I see no need to send you any high rez images NOT until you give me an agreement in writing what these images will be used for and a rate consistent with ASMP rates.

Needless to say. he would not deliver me any contract or rates.. He was just going to take the images and run. I bet anything when that article comes out about Point Hope Alaska.. My photos will be in there - "stolen" outright!!

American Society Magazine Photographers. You really need to read their publications. YOU need to obtain a copy of Photographers Market Book.

ALL of your questions & answers are located in each of those two sources!

If you want to make money in this business YOU NEED TO LEARN THE RULES.

When do you need a release - ?? If that image is going to be published in a commercial media. Magazine, newspaper, television. etc.

Educational Material does not require a model release.


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RDKirk
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Sep 28, 2011 23:45 as a reply to  @ Majik Imaje's post |  #214

Educational Material does not require a model release.

It might. A model release does not cover only the privacy issues surrounding commercial use, but also issues surrounding "undue publicity" and "public ridicule." Not even the First Amendment provides air-tight protection if the image--to the hypothetical "reasonable man"--subjects a private person to "undue publicity" or "public ridicule."

The context of the image in print might also require a model release if the context subjects the person to "undue publicity" or "public ridicule" even if the image itself does not. Show a picture of a nice young girl in an educational article about STDs, and you'd better have a model release.


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scottda
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Sep 29, 2011 06:17 |  #215

Majik Imaje wrote in post #13177443 (external link)
When do you need a release - ?? If that image is going to be published in a commercial media. Magazine, newspaper, television. etc.

That counters everything I've read. Those fall under 'editorial use' which does not require a release.

Scott


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RDKirk
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Sep 29, 2011 07:15 |  #216

scottda wrote in post #13181027 (external link)
That counters everything I've read. Those fall under 'editorial use' which does not require a release.

Scott

The medium does not matter; the use matters.


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ajaffe
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Sep 29, 2011 20:57 |  #217

RDKirk wrote in post #13181149 (external link)
The medium does not matter; the use matters.

Shouldn't you clarify that then?

When do you need a release - ?? If that image is going to be published in a commercial media. Magazine, newspaper, television. etc. as anything but editorial use.


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RDKirk
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Sep 29, 2011 22:21 |  #218

ajaffe wrote in post #13184809 (external link)
Shouldn't you clarify that then?

When do you need a release - ?? If that image is going to be published in a commercial media. Magazine, newspaper, television. etc. as anything but editorial use.

It's not the medium, it's the use. Just because it's in "commercial media" (whatever that means) doesn't mean it's a commercial use.

Commercial use of a photograph usually occurs when the picture of the person has been used purely for "advertising purposes." While the photograph of a person may be used for something that is sold for profit, such as in a book or a print, that is not the test for a commercial use. Instead, using a picture of a person without consent gives rise to a claim for violating the person's right of publicity only when it injures the economic interests of the person due to commercial exploitation.

In sum, if someone looking at a photograph would think that the person in it is promoting or endorsing a commercial product affiliated with the photograph, then the use is commercial.

http://www.photoattorn​ey.com …-vs-editorial-use-of.html (external link)


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Nathan
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Sep 30, 2011 14:39 |  #219

1safecracker wrote in post #12252565 (external link)
Awesome website Carolyn! Just ordered your book, thanks for all the helpful info

Yeah... great and wonderful book. I wish I ordered the Kindle version, though.


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z-monster
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Oct 08, 2011 02:04 |  #220

Good stuff here!


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kiss-o-matic
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Dec 08, 2011 20:06 |  #221

I admit, I've not totally delved into this thread, but I've looked for a lot of "when do I need a release" questions and they're usually geared at the business side. What about the actual photo? What if the person is indiscernible? IE, face not showing, and looking rather generic? I do a lot of candids on the street... some are definitely anonymous.

I guess the whole "likeness" thing I'm a little weary of.

Examples:

IMAGE: http://farm7.staticflickr.com/6114/6333124037_f655f33154_z.jpg
IMAGE LINK: http://www.flickr.com …/20478368@N03/6​333124037/  (external link)
Yoyogi Park Umbrella (1) (external link) by gaijin_punch (external link), on Flickr

IMAGE: http://farm7.staticflickr.com/6033/6333856548_99229d2b3e_z.jpg
IMAGE LINK: http://www.flickr.com …/20478368@N03/6​333856548/  (external link)
Pink Umbrella in Omotesando (external link) by gaijin_punch (external link), on Flickr

IMAGE: http://farm7.staticflickr.com/6044/6263161953_da35c16be5_z.jpg
IMAGE LINK: http://www.flickr.com …/20478368@N03/6​263161953/  (external link)
Owakudani Silhouette (2) (external link) by gaijin_punch (external link), on Flickr

IMAGE: http://farm7.staticflickr.com/6060/6229303090_746549e8e1_z.jpg
IMAGE LINK: http://www.flickr.com …/20478368@N03/6​229303090/  (external link)
Night Crossing (external link) by gaijin_punch (external link), on Flickr



  
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viper522
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Jan 09, 2012 12:42 |  #222

Within a few days of getting our first DSLR, we went over to a nature center and birding sanctuary known to have large nesting birds. While shooting we were approached by a few older ladies who were amazed at the sight of a 60D/Nifty 250 on a monopod (lol?) and assumed we were professionals (we were not wearing vests, fyi). While I continued shooting my better half exchanged emails with one of the women who turned out to be someone of stature within the local branch of the 'association'. Since then we have been offered money to have the photos appear on a website, ad material and possibly postcards for sale at the center. Slightly off topic - I'm extremely surprised because I don't really think our photos hold a dim candle to 99% of what I've seen here on this forum.

So I guess my question is, are we in the right to sell photos taken on the center's grounds back to the center and its association? We were flat-out offered the opportunity and the money, it was never asked for. We were caught so off guard.




  
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RDKirk
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Jan 09, 2012 12:58 as a reply to  @ viper522's post |  #223

I admit, I've not totally delved into this thread, but I've looked for a lot of "when do I need a release" questions and they're usually geared at the business side. What about the actual photo? What if the person is indiscernible? IE, face not showing, and looking rather generic? I do a lot of candids on the street... some are definitely anonymous.

I guess the whole "likeness" thing I'm a little weary of.

In the US, the issue revolves around both privacy and "right to publicity" (commercial control of one's own image).

In all the cases I know about, it's not a matter of a face being shown, specifically, but a matter of, "Would a person who knows you recognize you in this image?" So it could be a silhouette of a profile, a unique tattoo, anything reasonably unique other than a view of the person's face, within a certain amount of reason.

Once beyond the issue of recognizability, the issue would be the use of the image--commercial (soliciting for a service or product, regardless of whether it is for-profit or not for profit) or non-commercial (non-commercial includes sale of the image itself).

Then the issue becomes whether the recognizable image exposes the subject to public riducule or humiliation or unwanted publicity. This is the only part where it makes a difference whether the subject is a celebrity or otherwise an attention-seeker.


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kiss-o-matic
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Jan 09, 2012 19:05 |  #224

Thanks. That exaplsin a lot -- the tattoos was another question. I have a few photos that show some pretty unique tats... guess that would qualify. ;)




  
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Muffin ­ Princess
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Mar 02, 2012 09:22 |  #225

Not sure if anyone's mentioned this yet (it's a long thread, I've read quite a few pages of it.) but how do the papparazzi get away with it?


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When do I need a Release?
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