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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 07 May 2011 (Saturday) 20:12
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Question about selling commercial use of photographs.

 
Old ­ Coot
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May 07, 2011 20:12 |  #1

Last year, I took way too many youth baseball pictures and did not really sell much, so I gave it up. I still go shoot my friends' kids and today there was a new guy out on the field shooting away. I checked out his website and he is selling the digital downloads for commercial use. I know for a fact that my friends have not signed any kind of release for him to make their images available for commercial use. Can he sell these images for commercial use without a release from the parents?


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FlyingPhotog
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May 07, 2011 20:14 |  #2

Selling to private individuals is not automatically "commercial use."

If he has a contract with the league, that may include language related to releases.


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Old ­ Coot
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May 08, 2011 09:15 as a reply to  @ FlyingPhotog's post |  #3

I understand that selling the pictures in itself is not commercial use, but on his downloads page, he is selling personal use downloads and commercial use downloads. I was under the impression that for a photographer to use the pictures commercially or sell the usage rights, he would need a model release. I guess that I was mistaken.


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RDKirk
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May 08, 2011 09:42 |  #4

Old Coot wrote in post #12369676 (external link)
I understand that selling the pictures in itself is not commercial use, but on his downloads page, he is selling personal use downloads and commercial use downloads. I was under the impression that for a photographer to use the pictures commercially or sell the usage rights, he would need a model release. I guess that I was mistaken.

The commercial user of the images needs a model release. Most commercial users know this and won't purchase an image unless they can get a copy (from the photographer) of a model release proper for their intended use.




  
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Tom ­ Reichner
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May 08, 2011 09:43 |  #5

Many photographer website services, such as SmugMug, have "Commercial Download Purchase" options set as a default. Just because such an option is available for purchase on his website does not mean that he is actually selling any images for commercial use. It's probably just there because that is the way the web hosting service has their template set up, and he just left it that way.

You were not mistaken - if he does indeed sell an image that is used commercially for any purpose other than editorial, then the publisher would need to have a release on file.


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May 08, 2011 09:55 |  #6

I was under the impression that for a photographer to... sell the usage rights, he would need a model release.

I'm pretty sure that you're right on that. At the very least, the person buying the rights would need a release if they intended to use them for advertising.
Selling to a newspaper for editorial use wouldn't require a release.
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Old ­ Coot
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May 08, 2011 21:03 as a reply to  @ PhotosGuy's post |  #7

Thanks for the input. I have spoken with the guy a couple of times and he seems really nice and I would hate to see him get burned over something like this.


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May 08, 2011 21:44 |  #8

Old Coot wrote in post #12372912 (external link)
Thanks for the input. I have spoken with the guy a couple of times and he seems really nice and I would hate to see him get burned over something like this.

He just won't be able to sell the images when potential buyers discover he has no model releases.




  
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Question about selling commercial use of photographs.
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