Someone wants Permission to use my photo in a book.. is this right?

rantercsr wrote in post #18249902
The picture i took .. was a pic i took during one of my street photography shoots..

Are there any people in this Street Photo? Are they recognisable?

Theres a man in the picture , .. not some one famous

rantercsr wrote in post #18250212
Theres a man in the picture , .. not some one famous

Is the author/publisher in the US, and will the book be published there? If so they would need a signed model release from the person before using the image for marketing purposes.

Dan Marchant wrote in post #18250220
Is the author/publisher in the US, and will the book be published there? If so they would need a signed model release from the person before using the image for marketing purposes.

...IOW, your photo can be in the book simply for editorial content and used 'for free', but
the same photo cannot be used to advertise the book in any way because there is a recognizable visage in the photo and a Modelling Release signed by that person has to be in hand in order for the same photo to be used 'commercially'.

Can we please stick to the topic at hand however, this release doesn't really address this thread, and let's not get into subjective views of laws that vary by state, country, etc. based on artistic purposes, editorial, multiple people in the shot, etc.

My advice is to ask for some nominal value if they want to use the photo other than as content inside the book (like $250 perhaps?), otherwise you might be willing to just give your permission for the credit and bragging rights later. You make a little potentially if they accept, and still get published.

TeamSpeed wrote in post #18250275
Can we please stick to the topic at hand however, this release doesn't really address this thread, and let's not get into subjective views of laws that vary by state, country, etc. based on artistic purposes, editorial, multiple people in the shot, etc..

But the topic at that IS the use of the photo, according to the stated terms, for

1. inclusion in US and foreign printing and reprints, with some editing of the photo allowed AND
   
2. for advertising, publicity and promotion of the book
   

Wilt wrote in post #18250339
But the topic at that IS the use of the photo, according to the stated terms, for

1. inclusion in US and foreign printing and reprints, with some editing of the photo allowed AND
   
2. for advertising, publicity and promotion of the book
   

...and the second use is NOT permitted simply by the photographer signing the paper!

But we are not lawyers, and let's not get into the legality of it, none of our business, nor do we know what the photo content is. Therefore nothing but conjecture on our part on all counts... Go ahead and throw around theory and supposition if you would like, but it is a fruitless discussion. It would be more fun to talk about how sensor size does or doesn't affect DOF.

There are countless pages that describe this and the conditions for releases, which vary by state, principality, etc. This topic is asking what others would do if somebody approached you asking to use your photos free of charge.

If the TS wants to know more about this, they can start with this link and then dig through all the others on the web for their state, and NY to figure out what they should do. If they want this to be part of this discussion, they can then ask more questions here.

http://artlawjournal.c​om/need-model-release/

Another good article: http://www.danheller.c​om/model-release.html

Wilt is correct. If the individual is clearly identifiable, then a model release would be needed for the image to be used for advertising, publicity and promotion of the book. I'm less certain about whether the publication of the image within the pages of a book that is being sold to audiences constitutes a commercial purpose... I'm inclined to believe that it is.

You put yourself at risk by signing the agreement stating, "you are the sole owner of the rights granted herein." The publishers here insulate themselves with that line, putting the blame on you should the person depicted on the photo ever wishes to go after you for selling and using their face.

Nathan wrote in post #18250355
Wilt is correct. If the individual is clearly identifiable, then a model release would be needed for the image to be used for advertising, publicity and promotion of the book. I'm less certain about whether the publication of the image within the pages of a book that is being sold to audiences constitutes a commercial purpose... I'm inclined to believe that it is.

You put yourself at risk by signing the agreement stating, "you are the sole owner of the rights granted herein." The publishers here insulate themselves with that line, putting the blame on you should the person depicted on the photo ever wishes to go after you for selling and using their face.

There is much more to that, it is not that simple... I run into this shooting fan photos at games. Again, there is no hard and fast rule to stand by, the laws vary. Again, that is for the TS and the book publisher to iron out depending on their state laws. We don't know the photo content.

TeamSpeed wrote in post #18250349
But we are not lawyers

I'm a lawyer, but not licensed to practice in your state or the OP's state. I'm also not a contract or copyright lawyer, but the concepts are pretty basic.

It is most likely not that simple, but it's not that complicated, either. Law is about running the risk of legal interpretation. That's why it boils down essentially to two sides arguing the ins and outs. With that said, the publisher's here have clearly insulated themselves from risk.

Nathan wrote in post #18250359
I'm a lawyer, but not licensed to practice in your state or the OP's state. I'm also not a contract or copyright lawyer, but the concepts are pretty basic.

That is great, but again we don't know the states involved, if they have an artistic clause, whether the person is really identifiable, whether the person is in a public place, whether there are other people also in the photo etc. Not part of this discussion, that is for the person and the publisher to decide and deal with the legality at that time.

The best advice is always to get a lawyer if there's ambiguity. The OP sought advice in a photography forum, so the quality of the responses really have little bearing on what he should do in the end. However, I think all we are doing is help raise issues that he may not have thought about.

I'm not providing him legal advice, but I don't understand why you oppose us merely raising the potential legal issue here.

I am not against raising the concern (and even supplied a link that can help) and having the TS go off and consider this with the publisher, but that is not what is happening. 2 people have stated as fact a release is needed (as you did in fact, with the condition the person is identifiable, but that simply isn't the only requirement that must be met). This may not be the case, because there just isn't enough to go on. Your last advice above is perfect and should have been the original reply to raise awareness.

So rantercsr, given all the input, what do you think you will do now?

Will you just hand the photo over as is, free of charge?

Will you work with the publisher and local legal resources to decide whether a release form is needed for the person photographed?

Will you ask for any kind of monetary reimbursement for partial or complete use of the photo? The answer may vary if the photo is just inside the book, or if it might also be the cover of the book. That by itself may not make the photo promotional depending on the purpose of the book, ie. it's endorsing a product or concept, and is likely considered incidental or informational material (Stanford Reference: Namath v. Sports Illustrated, 371 N.Y.S.2d 10 (1975).), but does provide greater visibility that might be more valuable to you.

If you find you need a release form, are you able to either contact that person for one, or could you recreate the photo with someone else that gives consent?

Will this publication get notoriety that will later help you with future photo sales?

I am curious where you are headed on this. Would you be willing to share the photo here?

Is it one of these?
https://www.instagram.​com …g61r/?taken-by=shotbypops
https://www.instagram.​com …gSh8/?taken-by=shotbypops
https://www.instagram.​com …Ablw/?taken-by=shotbypops

to be honest ,,,,
really dont know what to do
as i said before , one side of me says "wow somone wants to use MY photo in a book?!?!?"
very flattering.. i get why they want the picture.. to be honest ,, i like the picture , but i wouldnt say its my best , but i get why they want it because of what the book is about.. New york , and the changes its going thru..
my feeling is .. its not a must have for them..and thats not putting myself down or the picture
i get the feeling its .. do you want your picture in our book ? yes or no ?
The answer is ,yes i do.. especially as the book is about exactly what i was trying to capture in the photo.. feels like it belongs in there

to be honest i'm not all that concerned about the legal aspects.. ill let them worry about that .. maybe i shouldnt think like taht ... but thats just the way i am as far as thats concerned


and then i feel .. but , DAAMMNNNN ,,, not even throwing a couple of pennies?