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FORUMS Photography Talk by Genre General Photography Talk 
Thread started 29 May 2012 (Tuesday) 11:00
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UK: model release? on our private property?

 
hania
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May 29, 2012 11:00 |  #1

UK model release question.

We had a farm sale (end of Dairying) & I was photographing the day as an "End of Era" album I want to make.

The photos included members of the general public who had come to the (auction) sale, which was held on our property.

I now want to enter a competition, one class being "Countryside People".

There were many interesting characters at the sale - do I need a model release form if I enter one of the photos?


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nathancarter
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May 29, 2012 11:08 |  #2

I-Am-Not-A-Lawyer-But-I-Play-One-On-The-Internet advice:

Legally, you only need a model release if you're using the images in a commercial manner - that is, displaying a person's likeness in a manner that implies that the person promotes or endorses your product or service. Note that simply displaying the image, or even selling the image (as art) is not necessarily commercial use. So, no, you don't need a release to enter the competition as a private individual.

However, the nice/polite/courteous(​/ethical?) thing to do is to ask permission before displaying a picture of someone, such as putting it in a competition. Not legally necessary, but courteous.

Some people may THINK you need their release to use their image publicly. Even if they're legally incorrect, they might like to make a big mess of things if you use their likeness without prior permission. I generally err on the side of asking first, and getting a release, even if it's legally not necessary.

[EDIT] The above is mostly correct for the U.S. and may not be the same in other countries.


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joedlh
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May 29, 2012 11:10 |  #3

The first place to look would be the contest rules. Often, they will say that a model release is needed for the winners. However, the absence of such terminology might not get you off the hook. I can't speak to U.K. law. Regardless, it's not always a cut and dried situation. It depends on the usage and how prominent the individuals are in the image. If they're the subject, then a model release is your safest bet. If it was open to the public even though it was on private property, there were probably people all over taking pictures. That implies that if you attended, odds are you were going to get into somebody's pictures.


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Editing ok

  
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hania
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May 29, 2012 11:55 |  #4

nathancarter wrote in post #14500347 (external link)
I-Am-Not-A-Lawyer-But-I-Play-One-On-The-Internet advice:

Legally, you only need a model release if you're using the images in a commercial manner - that is, displaying a person's likeness in a manner that implies that the person promotes or endorses your product or service. Note that simply displaying the image, or even selling the image (as art) is not necessarily commercial use. So, no, you don't need a release to enter the competition as a private individual.

However, the nice/polite/courteous(​/ethical?) thing to do is to ask permission before displaying a picture of someone, such as putting it in a competition. Not legally necessary, but courteous.

Some people may THINK you need their release to use their image publicly. Even if they're legally incorrect, they might like to make a big mess of things if you use their likeness without prior permission. I generally err on the side of asking first, and getting a release, even if it's legally not necessary.

The T&C states you have to have a Model release (but I wondered if that was legally enforceable) - so I suppose that for this particular competition, I shall have to try and get one - though how I will track down the people involved I don't know - they came from all over the country!


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tonylong
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May 29, 2012 15:23 |  #5

hania wrote in post #14500577 (external link)
The T&C states you have to have a Model release (but I wondered if that was legally enforceable) - so I suppose that for this particular competition, I shall have to try and get one - though how I will track down the people involved I don't know - they came from all over the country!

If you look at the T&C, you will likely see that if you enter a photo into the competition you are giving the sponsors some "rights" to use your photo for things such as the promoting of their organization/company. This means that they could use your photo for "commercial" purposes, which does require a Model Release from people who are "recognisable". As to what defines "recognisable" can be a bit of a grey area, but to me I just prefer to stay clear of that type of thing! However, I have all sorts of "candid" photos of strangers on my Web host (PBase)!


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hania
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May 30, 2012 03:30 |  #6

tonylong wrote in post #14501638 (external link)
If you look at the T&C, you will likely see that if you enter a photo into the competition you are giving the sponsors some "rights" to use your photo for things such as the promoting of their organization/company. This means that they could use your photo for "commercial" purposes, which does require a Model Release from people who are "recognisable". As to what defines "recognisable" can be a bit of a grey area, but to me I just prefer to stay clear of that type of thing! However, I have all sorts of "candid" photos of strangers on my Web host (PBase)!

yes- shall not enter that particular class - not worth the bother


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RichSoansPhotos
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Jun 06, 2012 11:43 |  #7
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hania wrote in post #14500311 (external link)
UK model release question.

We had a farm sale (end of Dairying) & I was photographing the day as an "End of Era" album I want to make.

The photos included members of the general public who had come to the (auction) sale, which was held on our property.

I now want to enter a competition, one class being "Countryside People".

There were many interesting characters at the sale - do I need a model release form if I enter one of the photos?


Depends if it is for editorial, in which case, no release is necessary. If you are going to use for stock photography, yes you do, because it could end up being used for reasons I don't want to get into. Personal use, no you don't. Commercial use...depends, but I would get the person to sign for a release just in case you needed one. In the latter, you might have to pay the person some kind of compensation (usually means a monetary exchange) as with using the image for stock




  
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UK: model release? on our private property?
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