STICKY: When do I need a Release?

You can buy a standard release form, about 100 in a pack I think, at any decent camrea store. I think I paid $2.50 for the ones I have.

When I worked with the football association here this year, I got every parent to sign a release form. I was the "offical" photographer for the association this year which ment that I took game photos, team photos, and other photos through out the year, and I also did all the work on their website..... See where I'm going with this??? I had a master list and there was only 2 parents that didn't sign out of 5-600 kids!! Made my life easy for posting and selling photos.

I am thinking about getting a smugmug and some cards printed around july of 07 and taking pictures for my Local Highschool which I go to. Would I have to get a release to sell them considering mainly only the parents and kids would buy them.

In general, when people are in public, you may photograph them. The use of the photographs can be restricted due to certain privacy rights. The rights for a person to certain kinds of privacy are recognized in most states, but a bit differently for each one. It is, therefore, tricky to know what you can do. The safest approach is to follow the most restrictive one, hence the often-heard recommendation to obtain model releases for everyone in your pics. It certainly broadens the photographs' potential uses. It reduces the chance of being sued and likely will increase your chance of winning a lawsuit if sued, but nothing is guaranteed.

One of the rights of privacy is known as the right of publicity. It is the commercial appropriation of someone's name or likeness. It happens when someone uses the name or likeness of another without consent to gain some commercial benefit. It usually occurs when a photograph of a person is in an advertisement, so you should get the person's permission to use their likeness in a photo which can be shown by a model release. Permission to use someone's name or likeness is not legally required for an editorial use. The tough thing is determining whether a use is editorial or commercial. But it is not decided by whether the photograph is sold.

Selling prints of kids playing ball to parents, friends, or fans (when there is no endorsement implied, you are not mass producing the photos on a coffee mug, or is not an advertisement for a sporting goods company, for example) generally is considered an editorial use when no model release is required.

Best,
Carolyn

The church that I attend is reconstructing their website and would liek to have new photos taken of the church in action. The photos will be used for the website and also possibly for church flyers (advertisements?). They would like me, a church member and photographer, to take some shots on Sunday morning so that they will have some new photos. Will we need to get releases from those in the photos? What about the children in their Sunday School classes. The images will not be sold in any way. They are strictly for use within the church and for church purposes.

What if I take pictures of people, lets say at a public sporting event. Can I show them on my webiste portfolio? If I named it something other then portfolio would it be ok?

Having a model release is a little safer especially when you are using it to promote something. Generally, displaying your work as an example of what you do as in a portfolio would be considered an editorial use. The church brochure may border on advertising/commercial use.

Best,
Carolyn

PhotoAttorney wrote in post #2818786
Having a model release is a little safer especially when you are using it to promote something. Generally, displaying your work as an example of what you do as in a portfolio would be considered an editorial use. The church brochure may border on advertising/commercial use.

Best,
Carolyn

Thanks. I may get your book. I just got one on legal forms, but I'm editing away at those since they don't always fit the situation or put my clients/models at ease. I'm not an attorney, but write contracts regularly as an engineer. All of the books I've seen always take the most conservative approach. I'm always wondering how each state differs. It would be nice if someone summarized that in a book - even if it had some cya language.

I take shots at college sporting events and go through the coaches to sell to the team members, but I'm looking for a way to sell on my website so family and friends can buy directly. Getting a model release from whole team is almost impossible. Especially the way most releases are written. Is there a way to get just one release from the coach or school until someone specificly says don't sell or display?

One of the interesting tidbits that I recently read in "Legal Handbook for Photographers: The Rights and Liabilities of Making Images" is that it generally makes more sense to use simpler releases than it does to use big wieldy releases full of lots of legalese. The idea being that the subject is more likely to later say "I didn't know what the hell I was signing!" when presented with a verbose, complicated release, and that the courts would be more likely to accept such a defence.

Ok since Im in need of some advice I will go ahead and give this thread another breath. I am going to be shooting a girl (my age actually) and was wondering if a release form or waiver is needed? Im not wanting to sell them I simply want to gain experience in portraits. They will not be in studio (garagee hasnt been completely converted yet) and will be done on location. I really just want to put some poses I have had in mind to work and see how they turn out.

awesome thread. i still have a question, do you need a release for an opject? I shoot the thunderbirds so can I sell the pics if you can't see the pilot in it?

I just ordered your book. Thanks Carolyn.

Here's something else I thought interesting. While at a state park that had some historical buildings, a guide stated that pictures are only allowed outdoors and not indoors on any NC state property with a few location exceptions that I can't remember now. The reasoning was to stop theives from cataloging items. I understand not allowing flash, but wouldn't that violate the Freedom of Information Act"? I'm no expert at legal, but hey -- public property, public information?

If I take a picture of a homeless individual (say, downtown, etc), do I need a release from him or her,
how do I approach him for a release?
Anyone with similar situation.

chartbin wrote in post #2925535
If I take a picture of a homeless individual (say, downtown, etc), do I need a release from him or her,
how do I approach him for a release?
Anyone with similar situation.

Try using the search feature or reading the first post in this thread.

I have been approached by XYZ company and they want to use one of my photos for an ad. I have no idea of who the people are that are the subject of the photo. Can I still sell this for the ad?

NO, absolutely not. What if the company tells you it will be an ad for fragrances with names which relate to young women. So you sell the image of two girls sitting on a park bench talking with fantastic floral gardens behind them and they are thinking they will use it for the one called "Spring Park". The ad comes out and it is about asking your girlfriend for her personal preference in condoms. Big difference huh? Guess who will probably get sued? Besides the ad company, the company making the fragrences, and you will be very high on the list for providing the image without a release. Now damges from that could be extensive, enough to ruin your life.

Chalak...
Seems like above quote is the most relevant, which means that I need a signed release.
My predicament is that how do you approach the subject if he/she is either a bystander or "unapproachable due to potential threat to me".