school photos : release

what do you do for school photos if a parent doesnt want to sign a release?

do it anyway?

refuse to do it?

Charge a sitting fee if they don't?

put a small watermark logo on the pic if they don't?

I feel like they should being that I charge a lower rate b/c its a group. some even dont order too many pics, so to have a photographer take your kids pic so you can order 1 or 2 with no sitting fee, is a good deal if you ask me, being that there's some mutual benefit (release).

Out of 45 kids I had 2 parents who refused. I think they are truly just overly worried about their kids on the internet or something b/c I had one parent freak out b/c my release authorizes me to publish the pics (with or without name or with fictitious name)... the lady was absolutely freaking about the fictitious name. I tried explaining that some people dont want their real name used... she made some comment about pedophiles and I'm like well if you are worried about pedophiles you for sure dont want your kids real name used so they can find you. She ended up signing it...... But point in case I think the 2 parents who didnt were just overly worried about stuff like that as opposed to just being harda--es.

I'd like to hear what you do. Thanks in advance.

Why are you getting them to sign a release?

Unless you are going to sell the images commercially, a release is not needed. Well, if you live in the US, that is the case.

In case I want to use it in a portfolio or blog, etc
Don't plan on selling it for stock or anything.

Wouldn't you want a release to photograph a child anyway?

What Gatorboy said...

Only need a release if you are going to use it commercially. Even for a child.

But using it in a portfolio is commercial is it not?

abbypanda wrote in post #15871105
But using it in a portfolio is commercial is it not?

...it depends where you live. But how many school photos are you going to use in your portfolio?

Just as an aside: just looked at your site. I can buy someone elses baby photos? No wonder some parents don't want to sign your release.

I don't need every shoot to be used in my portfolio. Even when you are only starting out, you really don't want every shoot represented. And more importantly, not every client has a look I want in my port. If you only had 2 out of 45... I would not even gave it a second thought. Just move on. Its not worth the breath it take to ask a second time. You still have 43 that you can use. And honestly there probably is only 1 or 2 that you really want to use in a port any way.

It really can not be more of a non-issue.

banquetbear wrote in post #15871120
...it depends where you live. But how many school photos are you going to use in your portfolio?

Just as an aside: just looked at your site. I can buy someone elses baby photos? No wonder some parents don't want to sign your release.

You are right, I put those there as part of a portfolio, because that used to be the only site I had when I started. As you can tell, it's more than that now, and def needs to be reworked. My main site is abbymalonephoto.com, that does not sell others prints, and I do not use the smugmug on advertising. With that said... the baby pics are a family member anyway and I have not put clients on the smugmug. I do not believe you can remove the option to "no pricing" but I could be wrong. I am considering dropping smugmug all together but I still havent decided.

Mark1 wrote in post #15871209
I don't need every shoot to be used in my portfolio. Even when you are only starting out, you really don't want every shoot represented. And more importantly, not every client has a look I want in my port. If you only had 2 out of 45... I would not even gave it a second thought. Just move on. Its not worth the breath it take to ask a second time. You still have 43 that you can use. And honestly there probably is only 1 or 2 that you really want to use in a port any way.

It really can not be more of a non-issue.

This is true, I was mistaken to think I needed a release anyway, even if I did not want to use it.... only because I thought I'd need something to allow me to take the pic esp since the parent was not present.

abbypanda wrote in post #15871228
You are right, I put those there as part of a portfolio, because that used to be the only site I had when I started. As you can tell, it's more than that now, and def needs to be reworked. My main site is abbymalonephoto.com, that does not sell others prints, and I do not use the smugmug on advertising. With that said... the baby pics are a family member anyway and I have not put clients on the smugmug. I do not believe you can remove the option to "no pricing" but I could be wrong. I am considering dropping smugmug all together but I still havent decided.

...just make your client work password protected on Smugmug. You can still display it on your portfolio.

banquetbear wrote in post #15871253
...just make your client work password protected on Smugmug. You can still display it on your portfolio.

That is the one reason I am debating keeping the smugmug...

abbypanda wrote in post #15871105
But using it in a portfolio is commercial is it not?

That's one of those questions you rarely get a consensus on...

Some say if the portfolio is strictly illustrative of your work and not an endorsement of your work, no release is needed.
Others say you need a release no matter what.

As a parent, I wouldn't sign a release for my child's school photo. Not sure why anyone would?

Foodguy wrote in post #15872696
As a parent, I wouldn't sign a release for my child's school photo. Not sure why anyone would?

I'm not a parent but I wouldn't sign the release I use either. The standard ASMP release is way too broad, If I ever signed one it would have certain parts deleted.

I don't understand what incentive a parent would have in signing a release for a child portrait session.

In advertising we have people sign releases without question or even reading it. Amazes me every time.

banquetbear wrote in post #15871120
...it depends where you live. But how many school photos are you going to use in your portfolio?

Just as an aside: just looked at your site. I can buy someone elses baby photos? No wonder some parents don't want to sign your release.

He doesn't need a release to sell prints so that part is irrelevant.

There's already been several court cases about this the latest I believe was Nussenzweig v. DiCorcia

Ed Greenberg explained it in an interview with Scot Kelby
http://scottkelby.com …s-and-shooting-in-public/

The links to the video on that page are no longer current but I found it on their kelby tv website:
http://kelbytv.com …v/2008/07/07/ep​isode-141/

It starts around 14:20 on the video. Specifically regarding the selling of prints without model releases starts at 18:10