How much do I charge?

A hair stylist wants to use one of my photos for the sake of promoting their business, I won't say who it is.

That person, according to her linkedIn account has contacts throughout the industry in fashion and TV etc....

Do you have a release from that person?

It was from a concert shoot because of a particular hairstyles used by the performers

Then I take it you don't have a release?

Unless you have a signed release from the person in the image granting use of their likeness it can't be used for advertising/promotion.

Ernst-Ulrich Schafer wrote in post #16471809
Then I take it you don't have a release?

Nope, but I don't think the agency photographers have either

Dan Marchant wrote in post #16471832
Unless you have a signed release from the person in the image granting use of their likeness it can't be used for advertising/promotion.

They do use others on that person's site, can't I grant a commercial or editorial license?

RichSoansPhotos wrote in post #16471884
...can't I grant a commercial or editorial license?

The image isn't of you.

The person in the image would have to allow(license) their likeness to be used for monetary gain.

RichSoansPhotos wrote in post #16471884
can't I grant a commercial or editorial license?

Well, yes, you can. So long as you are prepared to accept the risk that if the performer pictured finds out they might sue for damages, if they feel that it may damage their image to be linked to that stylist for example.

Now, we have a somewhat less litigious society over here compared to our colonial friends, but that doesn't mean that it is safe to use an image for advertising purposes without a release, just less risky.

RichSoansPhotos wrote in post #16471884
They do use others on that person's site, can't I grant a commercial or editorial license?

Editorial: Probably yes
Commercial: Probably no

sandpiper wrote in post #16472090
Well, yes, you can.

Legally?

jecottrell wrote in post #16472410
Legally?

Like I said in my reply, there is a risk of being sued for damages. I never said it was safe legally.

Actually you can sell it without a release.

The buyer can't use it however.

Fernando wrote in post #16472674
Actually you can sell it without a release.

The buyer can't use it however.

Which is technically true, but they won't buy it if they can't use it, and if you sell it as having a release, and they get sued, then they are likely to sue you.

The end result is the same.

sandpiper wrote in post #16472090
Well, yes, you can. So long as you are prepared to accept the risk that if the performer pictured finds out they might sue for damages, if they feel that it may damage their image to be linked to that stylist for example.

Now, we have a somewhat less litigious society over here compared to our colonial friends, but that doesn't mean that it is safe to use an image for advertising purposes without a release, just less risky.

It won't be me who is advertising a business, I think they have contacted the people beforehand to whether they can use images from the performance for their advertising purposes. I hadn't advertised my email, yet for some reason they contacted me via email. So it must of been through the performer's channels so to speak

RichSoansPhotos wrote in post #16472902
It won't be me who is advertising a business, I think they have contacted the people beforehand to whether they can use images from the performance for their advertising purposes. I hadn't advertised my email, yet for some reason they contacted me via email. So it must of been through the performer's channels so to speak

Well, so long as the performer has given them a release, everything is fine. Just be sure that you get it in writing that they are responsible for the release, so if it goes belly up they can't claim that you told them you had one and sue you.