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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 23 Apr 2008 (Wednesday) 14:41
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Making a book - Release Question

 
DLKphoto
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Apr 23, 2008 14:41 |  #1

I want to get images together of a bunch of various sporting events I've shot. Do I need releases from the people I've photographed if I were to make a book using these photos?

I'm shooting these events press passes and various credentials but so far have no written agreements with any of the people or venues I've shot at. Any ideas on how this works?




  
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PhotosGuy
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Apr 23, 2008 22:44 |  #2

What country?
Generally, if you intend to sell the book, then you need releases. The "events" organizers might have the releases covered for some uses.


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ssim
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Apr 23, 2008 23:43 as a reply to  @ PhotosGuy's post |  #3

To add what Frank said, who is just a wealth of knowledge I might add, you would also be well advised to seek release from any commercial venues that are identifiable in the image. This would be things such as an arena.

I am not sure what kind of book you are talking about but doing this can require some significant resource output and I would seek professional guidance on the legal issues and not take what you may see on a forum board.


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DLKphoto
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Hatchling
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Apr 23, 2008 23:59 as a reply to  @ ssim's post |  #4

I'm in the US and as I said these photos would be of various sporting events but lets just using boxing as an example. From what you two are telling me I might need to get a release from the venue, a release from each fighter, possibly a release for each person in their corner, the ref, and anyone else that might be in the photo (perhaps not including the audience)??? Wow! :shock:




  
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FlyingPhotog
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Apr 24, 2008 00:19 |  #5

Give more details about the purpose of the "book." Are you talking about a typical 8x11, soft-cover, coffee-table book that would be sold commercially at say Borders or Barnes & Noble?

Or are you referring to putting together something that showcases your work (for the purpose of getting more work?)

To me the sticking point is this:

You've been shooting these events as credentialed media which (AFAIK) falls under the blanket of "Editorial" use. Now (if your intent is commercial sales) you've moved out from under the "Editorial" blanket and want to exercise your rights as copyright holder to put these images toward your own use to make money.

I'd have to think this situation ranks pretty high up the list of why Publishers have legal departments...


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DLKphoto
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Apr 24, 2008 02:17 as a reply to  @ FlyingPhotog's post |  #6

The purpose of the book would be for sale like you said. So yes, it's for a profit and I think that is what makes this a major legal matter. I suppose I'd have to consult a lawyer or see if I can talk to a publishing house. This is all new to me. Thanks for all the info.




  
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Stocky
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Apr 24, 2008 05:50 |  #7

Eventually people here will figure out that if you make and sell a book it will fall under editorial use, and you won't need a model release, but I think for now you will mostly get advice telling you otherwise. Other things that you can use images for with out a model release include: use as part of a story in a newspaper or magazine, or sale of fine art prints.
Commercial use is when you use the image to try and sell Coke, Pepsi, or a pickup truck. As long as the picture was taken somewhere you were authorized to take pictures then you should be safe to use it for all editorial use including writing a book.
You mentioned that you shot under various credentials, and my only concern woudl be to make sure that you own the copyright to all of the images and that they don't belong to the publication you were working for.
I still recommend you take the advice of a lawyer like this one over mine: http://www.photoattorn​ey.com/ (external link) but I am pretty sure you are safe, and I wish you luck with your project.


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Stocky
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Apr 24, 2008 06:09 |  #8

http://www.photoattorn​ey.com …hotoattorney_ar​chive.html (external link)
and after a little more research you don't have to take my word for it anymore. This really is from a lawyer.


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Ledrak
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Apr 24, 2008 11:40 |  #9

Stocky wrote in post #5393511 (external link)
Eventually people here will figure out that if you make and sell a book it will fall under editorial use, and you won't need a model release, but I think for now you will mostly get advice telling you otherwise. Other things that you can use images for with out a model release include: use as part of a story in a newspaper or magazine, or sale of fine art prints.
Commercial use is when you use the image to try and sell Coke, Pepsi, or a pickup truck. As long as the picture was taken somewhere you were authorized to take pictures then you should be safe to use it for all editorial use including writing a book.

Ok, so long as the picture was taken somewhere you were authorized to take pictures, you can:

A. Publish a book about your life as a boxing photographer, in which you happen to have some pics of Evander Holyfield (among many other boxers), and no release is needed.

But if you,

B. Publish a book about Evander Holyfield (like a photo-biography), in which you include all the pics you took of him, then you must need a release right??




  
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Stocky
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Apr 24, 2008 12:21 |  #10

I don't think there is a difference between your option A and B, although if I was writing a book about a single person I would probably let them know before hand. Either way you should be alright with this book.


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DLKphoto
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Apr 24, 2008 13:10 as a reply to  @ Stocky's post |  #11

These legalities are all very interesting and very specific. I've read about court cases where although the circumstances are similar the ruling was completely different. So lets see if this works with a similar example.

If I was a concert photographer with a press pass or newspaper/magazine credentials. Lets go as far to say as I have no legal obligation to the outfit I work for. Either they are letting me shoot under their name or they are giving me permission to do whatever I want with the images (as in they don't own the rights). Now I take pictures of concerts and occasionally get backstage and a musician lets me snap a portrait of them. Now I decide I want to compile all this in to something I'm going to sell. All my concert photos including shots from in front of the stage and those behind the scenes portraits. Of course I might tell the musicians "I'm thinking about making a book and would love it if you'd let me take your photo for it." but it's not DEFINITE that the book with get made or even published. I wouldn't want to promise them a copy but perhaps I can offer then a print for their time. Now with all this said, am I in the same position. Can I make a book of these photos, sell it for a profit, and not get sued by the musician, their management, the venue, etc?

If I did need any kind of release for either of these situations; does anyone have a link to a release that might work?




  
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