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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 26 Jul 2008 (Saturday) 19:57
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Release needed for portfolio shots?

 
Patrick
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Jul 26, 2008 19:57 |  #1

I did a search but didn't find an answer.

Do I need releases for photos that will be displayed in my portfolio which I would use to display my abilities to potential customers?

I'm mainly talking about random shots and not shots of planned subjects which I would already have a release for.

Once I use the portfolio to solicit work does it change from art to advertising?

Thanks in advance.


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Tumeg
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Jul 26, 2008 22:52 |  #2

I was just about to ask this same thing...

I'll be interested to read the responses!


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robgr85
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Jul 26, 2008 23:02 |  #3

I'm also waiting for some reasonable voice in that topic...


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MJPhotos24
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Jul 27, 2008 02:08 |  #4

Depends on your "random" shots, what they are of and where taken and under what circumstances. There's plenty of sites on the net that set up your online portfolio for you (sportsshooter for one) and you don't need a model release. So you need to supply more info on your random shots before you'll get a clear answer.


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adam ­ LC
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Jul 27, 2008 03:16 |  #5

You should really get proper legal advice from a lawyer as I'm sure you already know. However, I'm under the impression from my own research that you should obtain an appropriate model release for images that require it in your portfolio; as technically the portfolio is being used for commercial use (i.e self promotion/advertising of services).

As I said before though, proper legal advice is needed.


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Patrick
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Jul 27, 2008 10:37 as a reply to  @ adam LC's post |  #6

By "random", I mean shots of people, places, or things that are in a photo but not the primary subject, or event photos, or candid shots.

The main point of the post is; Do photos, which would require a release if sold commercially, still require a release if their sole use will be in a portfolio which will be used to solicit work, i.e. advertising?

Perhaps I should have made this a poll.

An example of what I'm getting at is; You have a photo of person A (no release) in your portfolio and a friend of theirs hires you in part because of the photo of person A and then tells person A about that photo.

I'm not looking for legal advice. I'm looking for opinions from other photographers.
I'm sure someone has photos in their portfolio which fall into this category. If I only displayed photos in my portfolio which had a release for the identifiable people in it, my portfolio would be a fraction of what it is now.


Again, thanks in advance.


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adam ­ LC
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Jul 27, 2008 10:50 |  #7

There's no definite answer because there are too many variables. If these "random" shots are candids etc. and have been taken in a public place, then no, you don't need a release.


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MJPhotos24
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Jul 27, 2008 11:55 |  #8

Yea, there's just to many different scenarios - not to mention differences in law between states and countries. This is no way legal advice but the general assumption is if they hire you to take photos, you need a release. If it's a studio shoot, you should get a release just to cover your backside. If the images have potential to sell to clients for commercial use, you need a release. If the image was taken at a private event where the person expected privacy, you need a release. If it's an event and public, you don't need one. If it's news events, you don't need one. A portfolio is meant to show your work and "sell" yourself but the prints in your portfolio are not directly advertising a product. Now if you start adding text and making it look like they are that's definately commercial.


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Mak102506
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Jul 27, 2008 14:24 |  #9

Don't know if this answers your question or not...but I ALWAYS have my clients sign an "advertising release" form. Even if they are just portfolio building shoots or paid shoots...I've even had family sign them. lol It just gives me permission to use any of their pictures I took on my website or for whatever I may need to use them for as advertisement for my business. Again, not sure if that answers your question...but hopefully it helped.




  
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Ledrak
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Jul 29, 2008 00:33 as a reply to  @ Mak102506's post |  #10

If the portfolio is a tangible book that you keep with you, that people are looking through simply to see your work... then you don't need a release for that. You don't need a release just to show people a picture that you took. If that were the case, then everyone that had an old photo album in their house would be in trouble. Now if you're going to sell it, or publicize it... that's different.

But, if your portfolio is an "online" portfolio, then I'd have a release for anyones picture you put up there.




  
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MJPhotos24
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Jul 29, 2008 02:48 |  #11

Ledrak wrote in post #6004642 (external link)
If the portfolio is a tangible book that you keep with you, that people are looking through simply to see your work... then you don't need a release for that. You don't need a release just to show people a picture that you took. If that were the case, then everyone that had an old photo album in their house would be in trouble. Now if you're going to sell it, or publicize it... that's different.

But, if your portfolio is an "online" portfolio, then I'd have a release for anyones picture you put up there.

There's no difference online as that's considered editorial just as a "book" of images is...as long as you're not using the images to sell a product. For example you can't have the image going with a link to buy Nike gear, then you're saying that person(s) in the image are endoring Nike when they're not.

PS: Nike, I need new b-ball shoes.


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adam ­ LC
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Jul 29, 2008 05:13 |  #12

This is exactly why legal advice is needed.

In my personal opinion, images of people that i would have in my own portfolio that i was using to promote my business of portrait/wedding photography; would have releases.


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Tumeg
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Jul 29, 2008 11:04 |  #13

Just thought of another twist\question, under this same category:

I am a second shooter\assistant. I have grabbed many great shots from weddings,and a few seniors. Am I allowed to be posting these on my site? I don't (personally) have a model release for anyone. But the photographer I work for, does.
So, do I still need to grab a model release from the people that are in the pictures I have\want to have on my site? Or do I just need to have the main photographers name somewhere on the photo?


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Ledrak
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Jul 29, 2008 11:26 |  #14

MJPhotos24 wrote in post #6005111 (external link)
There's no difference online as that's considered editorial just as a "book" of images is...as long as you're not using the images to sell a product. For example you can't have the image going with a link to buy Nike gear, then you're saying that person(s) in the image are endoring Nike when they're not.

PS: Nike, I need new b-ball shoes.

That's true, technically you wouldn't need a release to put the photos online... but I was saying that "personally" I'd have one if I was putting someones photo up online, just because I'd want to have extra protection in that situation. But that's just me.




  
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moeronn
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Jul 29, 2008 11:39 |  #15

I don't believe you need a release if they are strictly portfolio shots. If that were the case, then you could only use pics of a B&G and not any of their guests/bridal party in your portfolio, since it's usually only the Bride and/or Groom that sign the release/contract.

Tumeg wrote in post #6006832 (external link)
Just thought of another twist\question, under this same category:

I am a second shooter\assistant. I have grabbed many great shots from weddings,and a few seniors. Am I allowed to be posting these on my site? I don't (personally) have a model release for anyone. But the photographer I work for, does.
So, do I still need to grab a model release from the people that are in the pictures I have\want to have on my site? Or do I just need to have the main photographers name somewhere on the photo?

This is something you need to discuss with the main shooters and see what their release and your contract with them states.


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Release needed for portfolio shots?
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