Offer to buy two of my photos... Question

Hello everybody,

I was recently contacted by a representative of a company interested in two of my photos I took at a waterpark this past summer. They would like to pay me per photo, as well as $25 to each person in the photo.

However, these were candid images. I did not know these people that I photographed.

How do I reply to this person about this? Could they not use this photo because of this, or is it still fine for them to buy it even without release of the people in this photo?

Appreciate the help, just wondering how I should answer back to this person to better my chances of getting paid for these photos.

Here is one of the images they are interested in:

They can not use them commercially without a model release signed by the parents of the kids in the photo.

I figured so, I contacted her back about it. Thanks for confirming!

Matthew Patrick wrote in post #11893569
They can not use them commercially without a model release signed by the parents of the kids in the photo.

Wait a second.....that's true but the photographer here isn't liable? Or he is liable to have sold the shot without model release forms???

As I understand it - the image can be sold and used editorially without the need for a model release BUT commercial use of the image is not allowed.

If the company had any clue they would require the photographer to supply the signed model release as a condition of the license fee.

TooManyShots wrote in post #11893728
Wait a second.....that's true but the photographer here isn't liable? Or he is liable to have sold the shot without model release forms???

I think he is liable.

If it's the water park that's wanting to buy the images, then they're likely going to want to use them for commercial purposes, and as such, it's my understanding that a model release or equivalent document (minors) would be required.

Who ever wants them know about model release, that why they offered to pay each person in it $25°°

The company using them is liable and they already know this, again is why they offered to pay each.

Would have made a good marketing brochure or poster.

Invertalon wrote in post #11893532
I did not know these people that I photographed.

I have to ask, why take photos of these kids if you dont know them?

and how did the place find out about this photograph?

See if there is a release printed on the tickets as a condition of entry. If the park is your potential client and they have that in their pocket you may be good to go.

You don't need a release to sell it to them. They need a release to use the image, however. They may or may not be aware of that. Hopefully, gonzogolf is onto something! Places like this often have a policy like that in place.

Hope it works out for you.

Gary_Evans wrote in post #11894071
I have to ask, why take photos of these kids if you dont know them?

They are just candid photos from the waterpark when I took my camera with me... People take pictures of random people all the time, why is mine so bad? I shoot at amusement parks and theme parks all the time, with hundreds of random adults, grandparents and children. No harm, no foul.

They contacted me via Flickr about these images where they saw these images.

The lady who contacted me was from the marketing company working with the Columbus Zoo and Aquarium, and would be used in their brochure for their waterpark.

I told her that they were candid images and that only I could sign any type of release forms, and if we could move forward, I would be willing. But she did ask for emails to send release forms to the people in the photo, and not just myself.

In the US the Publisher is responsible for Model Releases for commercial use, not the photographer directly. Since the Publisher is the venue where the photographs were taken, they may decide that the ticket purchase conditions include a valid model release.

-Scott

sspellman wrote in post #11896292
In the US the Publisher is responsible for Model Releases for commercial use, not the photographer directly. Since the Publisher is the venue where the photographs were taken, they may decide that the ticket purchase conditions include a valid model release.

-Scott

Wouldn't that need to be indicated by the waterpark -- either posted at a point of entry, or on a ticket, such as the back of a ticket to a sporting event, etc?