Permission / Release Question

I'm working on starting a part-time portrait photography business. I'm designing a website, and would like to use some photos from some of my first "practice" sessions on the site. All are of family or friends. Do I need their permission to use the photos for my website, or on fliers, etc?

It's my understanding for those purposes (especially the brochure) you would need releases. The only reason I think that's correct is that I asked the same type question recently and received that answer,

We get the releases Alice, but still use images as cautiously and responsibly as possible. You technically need them (according to our lawyer, as well as pro organizations) for just about any public viewing of photos of an individual other than straight editorial uses- ads, fliers, web sites, public displays, hanging in your studio, or even classes.

The only time we've had a problem was an individual who we photo'ed in uniform, then the agency flipped when we used the shot in a flier. In their view, he may have signed a release but was not authorized to obligate the agency for appearance in a flier or any other ad. The agency wasn't being unreasonable, and in fact they okayed display of the same image in our studio. Just didn't want it broadly distributed or in any other usage that might create the impression we were official photogs for the agency. I understand that concern.

For ease, we have incorporated a release in our invoices. It requires a separate signature in addition to the one for the invoice, but it puts the conversation about usage right up front at the time the client orders. Better than that from the record keeping standpoint, it eliminates a piece of paper from the filing system while linking the release info permanently to the client and images.

For matter of record, we average well over 90% in clients agreeing to use of their images in ads and displays. The few that are not released go into separate file drawers for ease of tracking, and there aren't many of those.

BTW- There are lots of releases floating around, many burdened with heavy legaleeze that scares the dickens out of many clients. Ours has evolved to the point that it also fits on the back of a business card when you use the right font. Really handy for field use when we're not shooting in the studio or otherwise on contract.

Here 'tis:

MODEL RELEASE-Pennington Photography

I hereby give Pennington Photography permission to use my photograph, and to
publish the same without incurring any debts or penalties to me of any kind.

Name (print)_______________________________________________

Address ____________________________________________________

City, State, Zip _______________________________________________

Signature ________________________________________ Date _______

Parent or guardian’s signature if subject of photo is a minor

________________________________________________________________

On a different site, I saw someone say that, somewhat flippantly but also seriously, that if you ask yourself if you might need a model or property release, you probably do. It is far better to get one in advance than to deal with lawyers after the fact.

For what you are proposing to do, get both oral and written permission. Those friendships are not worth risking in the event of a misunderstanding.

Hank, would you mind if we copied your release, or at least use it as a starting point?

I have been told on this forum that in many places such releases are not valid unless something of "value" is given to the person signing the release, and so my model release is a bit more involved than Hank's and generally includes e-mailing the one who signs the release a low-res image or two in exchange for signing away any rights.

I'm a "simpler is better" sort of fellow, and am greatly attracted to a release that fits on the back of a business card, so I would appreciate thoughts on this from anyone who has real knowledge in this area.

Use as you wish, Dan. We got it from another pro, who got it from another pro, who got it from another pro....That language is in pretty common usage.

I'm not acquainted with the "something of value" provision Steve, but doubt it's authenticity. I just called our attorney and he said "Huh?"

BTW- We always correspond afterwards with people who sign the "business card" release and staple the signed release to our copy of the letter. It certainly simplifies filing and keeping track of those cards!

Thanks, Hank.

To the OP: The Answer is Yes. Get a signed release. You just never know if some 'family or friend' feud will erupt, and suddenly someone will turn on you and try and get at you any way they can. The release is just insurance against getting that headache in the future.

The 'value' aspect is based on Contract Law, and courts have interpreted model releases as contracts. Specifically, I do recall reading somewhere that a judge had ruled that offering someone free prints in exchange for a release did not constitute anything of 'value'.

Personally I'm of the belief that unless you are using professional models who expect compensation, a model release 'should' be seen as a simple permission slip, like allowing your child to go on a class field trip. I just don't want to be the one to argue that 'belief' in court.

I have the back of bus. card release. It's a lot like the feeling of wearing a fig leaf. You don't feel totally naked, but any lawyer could probably rip its protection to shreds pretty quick.

Perhaps a more difficult question is why would someone other than friends/family/paid model want to sign it? Trying to put myself in the position of being approached by a stranger and asked to sign a legal document, I can't think of a case where my answer would be anything other than a firm "no."

How do you go about "selling" it?

Guy

How do you go about "selling" it?

Nicely, and with lots of charm.

Guy, I'm working on a hiking guide to the Ely area. I'm doing some of the writing and all of the photography. When I photograph someone who is recognizeable on one of the trails I'm featuring, I explain what I'm doing and ask them to sign a release so I can use their picture in the book. I've asked nine people so far, and all nine have willingly signed. The release states that I'll e-mail them a low-res image or two for personal sharing use (not for profit), and I have done so. So far, so good.

My experience reflects Steve's. If you're forthright, honest and friendly in explaining how you'll use the photos, most folks will sign a release.