Do I need a release?

I shoot photos at dog shows of my favorite breed. I know all the owners and typically share my photos with them for their personal enjoyment and mine. I was contacted by a dog owner who wants to use one of my photos in an advertisement of her dog handled by a third party. I really want to be compensated if my photo is used in advertising.

The third party is clearly identified as is the judge. Is a release required by the handler and judge if I sell a photo they are in? Thanks.

If the image is used to advertise a product or service, then YES you will need a signed model release for any persons in the image, AND more than likely you will need a signed Property release for the Dog or Dogs in the image.

Well, the dog itself is the product advertised. It will go in a dog magazine for stud purposes.

I guess if I give the image to the dog owner then they are on the hook to get a release from the judge and handler who are also identifiable in the picture and I have no liability (since I am giving the picture to them)?

Seamus69 wrote in post #13664567
Well, the dog itself is the product advertised. It will go in a dog magazine for stud purposes.

I guess if I give the image to the dog owner then they are on the hook to get a release from the judge and handler who are also identifiable in the picture and I have no liability (since I am giving the picture to them)?

Privacy and right-to-publicity laws vary by state if you're in the US. Normally, it's only the user of the image who is responsible for having the model release. However, there's no guarantee that you wouldn't also be named in the lawsuit.

I've shot a fair number of win photos with judges and handlers, and have never bothered with a release for publication, nor to my knowledge is it at all a common process to do it. Not to say it isn't technically the correct thing to do, I just would be extremely surprised if you got in trouble for giving this photo to the owner, or for them having it in a breed magazine.

Dave

Chop the judge's head off and you don't need a release since you can't recognize them...

Mark H

tracknut wrote in post #13669200
I've shot a fair number of win photos with judges and handlers, and have never bothered with a release for publication, nor to my knowledge is it at all a common process to do it. Not to say it isn't technically the correct thing to do, I just would be extremely surprised if you got in trouble for giving this photo to the owner, or for them having it in a breed magazine.

There is a big legal difference between publication and commercial use. You can take and sell* a photo without a model release. That photo can be published in a dog magazine as part of an editorial piece (a report on the dog show), without a model release.

However, as soon as you use the image for the purpose of advertising a company, product or service that is deemed to be "commercial use" and requires a model release. This is because the presence of the person in the image can be assumed to be an endorsement of the product, where no such endorsement may exist. This would certainly be possible in the case of a dog and a well known local dog show judge.

* An artist selling a photo does not constitute "commercial use" under most laws - it is considered part of the artists right to expression to display/distribute/sel​l their work. Use of a photo is only considered "commercial use" when it is used to promote a company/service or product - such as in an advert or on a business website.

Inasmuch as this would impugn the professional integrity of the judge, a negative reaction could certainly be expected.

Dan Marchant wrote in post #13671781
There is a big legal difference between publication and commercial use. You can take and sell* a photo without a model release. That photo can be published in a dog magazine as part of an editorial piece (a report on the dog show), without a model release.

Yes. I thought it was fairly apparent that this thread was about commercial use, so I didn't mention it again. The primary reason folks will publish win photos their dogs in breed magazines is to advertise their kennel, stud services, a litter, etc.

Dave