Do I really need that release?

Understanding that the law is not only an ass...but very different depending where you reside on this sphere....

I don't believe I need a release for any photo I take in a public place.

Backing up that bold statement...if I needed a release to make money/get a shot published then all those photographers *cough* that take shots of celebs picking their noses in a clothing store etc. would need a release...which the celeb would not sign - yet we see these shots daily in the mags.

One law for them, one for me? How so?

The only thing I can come up with that distinguishes the above scenario from me taking a shot of a mobody on a street corner is the 'public interest' defence...in that it's somehow in the public interest that we see J-Lo picking her nose in K-Mart - but not Mrs Whoppersnoz from two blocks down the road.

Any thoughts appreciated.

I can be for sure on this, but I do know that the law dosen't apply to press work, so maybe that applies to those metioned pictures. Good luck in your journey for answers.

Here, even Mrs Whoppersnoz is fair game for editorial use. Check your local barristers like we have to do in the colonies.

That's CONVICT colony to you, sir.

I thought we were the colonies (lower case of course) & you were the "CONVICT colonies"?

I believe it is generally accepted worldwide that no release is needed for an editorial use which would be the case if you were to get a photo "published". However, if you send the image to a calendar or greeting card company, then yes a release would be needed as that would not be an editorial use.

Thanks IndyJeff,

The waters surrounding this convict just got a little murkier...

Looks like some lawyer's gunna make a quick $100 off me.

Thanks all,

My views, see Lawyer for more accurate information and I would consider my views only valid in US and maybe other former UK colonies.

Rule #1 always get a release if you can.

Rule #2 if you can't get a release then you need to determine is it news, art or commercial
- If news then you don't need a release (it is good to have one, but not necessary)
It is news if there is an event associated with the photograph or you are using the photograph to depict a situation or condition or make a statement and not trying to sell a product directly from that photograph. While a newspaper may appear to be using the photograph to sell the paper, they are really using the story or statement that the photograph is of to sell the paper (a subtle distinction perhaps, but important)
- If Art you probably don't need release, but it is better to have one. It is highly situation dependant. It is art if you are selling the picture itself separate from any other event or product. Although the photograph may be of an event or a product, you are only selling your expression of that event or product not the event or product itself.
- If for commercial use then must get release.
It is commercial use if you are making money from a product being sold through the use of the image. A calendar is a product. The photo itself is not the product, it is a means to sell the product.

Portfolio images are a wierd exception in that you are ususually using them to advertise the photographer's skills, which would make it commercial. However, as long as you are not selling the photos themselves from the portfolio then they are generally covered by fair use as you are only depicting your skill, it is still a good idea to get a release when possible.

This is the definitions I use to help me determine if I need a release or not.
On my personal site, except for the "event" pages, I will only place images of a person on the site if I have a signed release from the person. The event page I consider to be covered by freedom of the press and don't worry about releases I probably would not be able to aquire anyway.

If you know I am wrong on any of the above please feel free to correct me and state why.

The easy trick to getting a signed release:

You have your photo business card. On the back of it, have a very simplified release statement printed with the usual signature and address lines.

When you shoot some stranger, you glance at the rear display and see that it is a keeper. You approach the stranger with "Excuse me. I just took your photo. Would it be OK if I mail you a small print? No charge at all." The stranger will probably agree. You hand the stranger your card and ask him to write his signature, name, address, etc. on the back form. Once he has done that and given you the signed card, you can give him another business card if you want to. Then, when you get the image onto your computer, you can mail him a small print.

If you are cheap, you will email him the electronic image only.

---Bob Gross---