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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 12 May 2005 (Thursday) 01:53
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STICKY: When do I need a Release?

 
Raymond ­ Lin
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Sep 14, 2007 20:01 |  #61

so selling a photo of the new york marathon to a newspaper is ok, sell the same pic to a private buyer to hang it up in his front room i'll need 50 thousand release forms signed when it was taken in public?


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bungee
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Sep 18, 2007 05:04 |  #62

Raymond Lin wrote in post #3932074 (external link)
so selling a photo of the new york marathon to a newspaper is ok, sell the same pic to a private buyer to hang it up in his front room i'll need 50 thousand release forms signed when it was taken in public?

Nyet. You can sell a pic of the NY marathon to a private buyer without any releases. What you can't do is use it to make a big banner saying "These runners go faster with Coke" (the fizzy kind or otherwise) as you would then be using their images to promote a product. Mind you using the image to promote the NY marathon might be OK as clearly they did all compete in it.

On the issue of tabloids they are indeed allowed to publish a picture of a celebrity breast if it pops out in view of the general public but would not be able to publish one taken in a department store change room - an area where the celebrity should reasonably expect privacy. The only exception would be where the celebrity invites them into the change room to take a pic :lol:

Summary - generally images taken in public (or images taken in private but with permission) can be sold or used for non-commercial purposes without a release. That said you would find many publishers will seek a release to cover themselves.


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ANGUS
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Sep 18, 2007 07:46 |  #63

However with the marathon pic... I doubt you could recognise everyone in the shot so just distort the faces of those you can clearly see and you are fine to use it in an add right??


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KJCSPhoto
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Oct 08, 2007 12:19 |  #64

For a first post in this forum this is a big one. Boy oh Boy, All of this can make ones head spin. I am a photographer, who mainly shoots landscapes and the like, but this past summer I was asked to shoot images for a local political campaign, and this really wetted my appetite for portrait and other “street” photography. Within the past month I have taken photos at parades, Powwows and other various events to help me gain experience, and also possibly some exposure in the area. I have taken many so so shots, but I also have a bunch of good ones that I would like to include in my portfolios, and possibly sell. I did not have any one sign releases, because I thought I did not really need one because it was a public space / event. After reading all of your posts it is my understanding that as long as I am not using my photos for advertising purposes I am alright, but it is always a good idea to have a release signed, and I have just picked up some. Thanks for any info that you can Pass along,
Thanks Kevin


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ANGUS
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Oct 09, 2007 03:20 |  #65

I beleive a Portfolio is advertising?


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salexande867
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Nov 04, 2007 21:41 as a reply to  @ ANGUS's post |  #66

I normally shoot landscape and animals,so I haven't had much experience with releases.
If I take photos at a college sporting event, can the college use those photos on their website without getting a release from those in the photos?

If I were shooting freelance at the event, can I sell the photos to the college without getting a release, assuming the photos would be used on their website?

Thanks!


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Sisters_photography
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Nov 09, 2007 10:40 |  #67

I have a question that i hope is not stupid.

if i have a picture of a family and the parents paid for the session and the pictures, however there are children that are over the age of 18 do all of them need to sign and release form.


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jpon2
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Nov 19, 2007 05:15 |  #68

I understand getting releases for buildings, people and specific private properties. What if I take a picture of a landscape and I took it from a public road and I want to sell it. Who do I ask for release or do I need one?
I have a shot that includes trees, small stone bridge and a public road (railing and a little surface is showing). If I sell it, someone might be able to recognize this spot so how do I protect myself?
What if I want to take a picture of a grand canyon, a national treasure owned by all, who would I need to get a release from if any?


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afrothang
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Apr 22, 2008 20:52 |  #69

I've read all the postings in this thread. Lots of great information thanks to all of you, however there are many redundant questions and answers that have now clouded my mind. I understand the general rules of model releases:

Used for identifiable persons/objects for commercial gain( selling for profit, or selling with the intent to/for advertising purposes, i.e. for a businesses to advertise their company/name/product).

On/at public property/events a release is not required unless identifiable person/object is used for commercial profit(again, selling someones image for profit , or selling with the intent to/for advertising purposes, i.e. for a business to advertise their company/name/product).

For editorial i.e. newspapers, magazines, and other informational outlets, a release is not required because editorial isnt usually to advertise for profit but more of an actual account of something...

With this understanding, my situation and questions are:

I want to publish and sell a photobook with or without editorial. I shoot a martial art (Capoeira) and have amassed an extensive collection of photos from around the world. These photos are from both public(open outdoors) and private(entity controlled indoors) events, with identifiable persons ranging from 1-1000 ppl. Both spaces (public and private) were given to me expressed permission(by way of not stopping me when they could very well have) by the governing body to take photos. I have only recently started collecting releases and do not have them for the majority of the people represented, some have even passed away....

Question 1: Obviously selling the books is for my profit, but does it fit in the category of "Commercial Use" if it is in no way promoting/advertising/​or in anyway increasing revenue for a product/company?

Question 2: Is a book considered editorial, since it is not a piece of advertising?

Also with my understanding of the info above, I cannot sell a photo taken in public that has an identifiable face without a release, as stock photo, because someone may purchase that photo for commercial(advertising​) use that my be harmful/slanderous of the person Can this circumstance be labeled as an exception to the "anything in public is fair game" scenario?

Question 3: In that case, may I sell said photo to private parties(non-commercial) for private home collections since the photo itself is my intellectual property, and it was taken in public without a release?

Sorry for the long post, this is my first...I had to be thorough.

P.S. PhotoAttorny, I hope you will reply to this post.


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dlw
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May 25, 2008 23:27 as a reply to  @ post 2633670 |  #70

I live in Omaha and would like to take photos of Rosenblatt Stadium for sale in a local art gallery during the baseball college world series. Am I going to need a release, or is this city owned stadium public enough that I will not need to get a release? Thanks for any help, I would dread trying to get a release through the city government. I had to get a building permit to build a garden shed and it took forever.




  
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amfoto1
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May 26, 2008 17:45 |  #71

1. Buy a copy of "The Law In Plain English for Photographers".

2. If that doesn't answer your questions, consult your attorney, not a bunch of strangers on the Internet.


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thenaturephotographer
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Jul 23, 2008 18:20 |  #72

Hi everyone. I was in India this last year and I took some pretty cool pictures of people walking down the street, selling stuff on the street, etc.... From what I read, It doesn't sound like I would need a model release to put these images in my personal web gallery/portfolio, right? But what if someone wants to buy a print of them? (not advertising, but like for the wall?) Thanks


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Ukuleleman
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Jul 31, 2008 09:54 |  #73

amfoto1 wrote in post #5600543 (external link)
1. Buy a copy of "The Law In Plain English for Photographers".

2. If that doesn't answer your questions, consult your attorney, not a bunch of strangers on the Internet.

The book sounds like a good idea, unfortunately if it is an american publication, it may be written in plain english, but it does not apply to the English, nor to anybody in the UK since, as I understand it (and I plead the 'I'm not an expert' statute) although I believe that a person's image should be sacrosanct and belong to them, I do not believe that British law makes such a clear cut statement and it is good advice to seek help from a person who knows the law of the country that you are in.

As to the 'Bunch of strangers' bit, many of these strangers have been more than helpful to me personally from a technical point of view and I think I read a post from a US Legal Eagle specialising in the law as it applies to photography, anything he says amounts to free legal advice to you guys in the US of A, and might be worth a piece of L glass in the long run.


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alphonsis
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Aug 01, 2008 15:04 |  #74

thanks for the information, it was very useful.


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black_z
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Sep 10, 2008 15:08 |  #75

Seems like a bunch of people in this thread can't read! :)


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When do I need a Release?
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