This past weekend I attended the Scottish Highlands Games in my area. This was a good opportunity to photograph different activities including bands under various light conditions. At one point I put on my 300mm lens and took a shot of a young girl of Asian descent wearing a Scottish kilt and jacket (red), a great example of Americana. The one shot I got of her turned out perfect (color, sharpness, pose). I found the email of the person in charge of overseeing the event and asked her to forward my email which asked permission of her and her parents to post the photo on my portfolio of which she did send to them.
So far I have not received any response. What is proper etiquette in this case? How should I proceed?
Jeff
Curtis, WA
Posted by David Taylor on July 16, 2010 at 1:07 AM
I would send a follow up email with another request, offer to send them a print as well. I may be wrong here, but as long as you aren't selling the image for stock commercial use, a model release for your own personal use shouldn't be necessary. Most commercial clients (and now many editorial clients) demand a release, but for your own portfolio, a release should not be necessary.
I agree about the follow-up, but I'd also add a very small thumbnail of the shot, certainly no larger than 200 pixels on the long axis, to be forwarded to the family for their consideration. And yeah, there's not much that I'd use that photo for without the release.
Posted by Luke Ormand on July 16, 2010 at 12:02 PM
Ok, I've been kind of curious about the whole model release thing for awhile. If you need the model release from the parents to sell this - how come paparazzi can take photos of people and sell them for gobs of money? They certainly don't get the releases from them... If anyone could explain to me how they work and when they are needed it would be greatly appreciated
- Luke
Posted by David Taylor on July 16, 2010 at 7:28 PM
Paparazzi are "supposedly" shooting for editorial purposes, typically freelance. The photos will not be used to sell a product for a company, but will be used for "news" (lots of emphasis on the so-called "news" aspect of these images...)
If you take a photograph of an identifiable person or privately owned structure/property and plan to sell it for any commercial use (as an advertisement or endorsement of a product), then a model release is mandatory. A good rule of thumb is to carry several model/property releases with you at all times, just in case. I have a model/property release app built into my ipad. It sends a pdf of the model release (which is signed on the screen with your finger) to both the photog and model(s) as needed. Very simple to use.
My recommendation, have everyone sign a release. You never know when an image will be good for commercial use, plus many times it will put the "model"/guardians of the "model" at ease to know that you are behaving professionally. I always tell them that if anything turns out with a decent photo, I'll send them a 4x6 print (if it's a great shot, I'll send something much larger). Hope this helps.
While on this subject, where can I get the proper format for a model release? I have never seen one, or a sample of one. Would appreciate any information.
Ralph Kerr
I'm confused about the whole "an identifiable person" aspect. I took a photo of a rainbow over Old Faithful last year with a crowd of people watching. All you can see of the people are their backs, definitely no faces. One stock agency declined the photo because I didn't have model releases. Is a release really necessary in this instance when it's just someone's back?
I did an internet search for photography releases, then visited several sites that offered samples for free. I then after reviewing what other photographers use and modified each individual release to suit my needs and to hopefully cover any legal aspect.
I continue to revise as I go to suit what I will shoot next. Example, the student release I made and used this past weekend I will use for a fall family shoot (after I modified it) I have been asked to do.
The student release / contract, is a photo shoot package that includes a set of prints in the total price.
I took out the package deal part out for the family shoot and I will only charge the client that arranges the shoot one price for the photo session. The client will recieve a CD of all photos once I am paid. They family(s) which will be several can order individual prints from me if they choose.
As I revise each release / contract, I save it as a template so I will have a folder for each release / contract as needed.
So far this is working for me, I am open to any other ideas. Again I am new at most of this, learning as I go!
I do have on each release / contract that I as the photographer I will be allowed to use any of the photos taken on my website for promotion purposes since some of my clients have their session password protected which I offer to them. This is only for personal photo sessions that I do this. Again I modify as I go!
Stock agencies must be VERY careful. So, they may be a bit overboard about releases. If they have one, they know they won't be sued (or will win)..so, they don't take chances that your image is used in an advertising campaign and someone shows up proving that that is his back and wants to make alot of dollars simply by suing.
The adage would be that if you shoot anything that you want to have a possible commercial use, you better get releases - yeah, even for backs.
And since you mention the background was Old Faithful, did you ask at the front desk whether there were any forms you needed to sign to take images for possible commercial use or something like that? There are parks now national (I think) and State Parks (I know) that require you to pay a fee for taking images that MIGHT be used commercially - which really ucks. You wind up paying a fee (sometimes outrageously high) and wind up never selling the images. I know of a certain State Park in Savannah, Georgia that requires you to pay a highway robbery fee if they "think" your camera being used is a high quality camera
If anyone goes to Wormsloe in Savannah, take pictures of the staff to publish on the net while you ask about their fees...and then leave and don't pay a dime. Take images while going back to your car! Take images out the window while leaving. Then post them. Someone needs to get this to court and clobber them. I would think (but at your own risk!) that there are many photo agencies who would foot the lawsuit.
But I digress!
Get releases, people and property, for ANYTHING you might wish to sell commercially. Once you do this enough, it will be a habit and you will feel more comfortable asking for it
Troup
Discussion
8 repliesSo far I have not received any response. What is proper etiquette in this case? How should I proceed?
Jeff
Curtis, WA
- Luke
If you take a photograph of an identifiable person or privately owned structure/property and plan to sell it for any commercial use (as an advertisement or endorsement of a product), then a model release is mandatory. A good rule of thumb is to carry several model/property releases with you at all times, just in case. I have a model/property release app built into my ipad. It sends a pdf of the model release (which is signed on the screen with your finger) to both the photog and model(s) as needed. Very simple to use.
My recommendation, have everyone sign a release. You never know when an image will be good for commercial use, plus many times it will put the "model"/guardians of the "model" at ease to know that you are behaving professionally. I always tell them that if anything turns out with a decent photo, I'll send them a 4x6 print (if it's a great shot, I'll send something much larger). Hope this helps.
Ralph Kerr
I continue to revise as I go to suit what I will shoot next. Example, the student release I made and used this past weekend I will use for a fall family shoot (after I modified it) I have been asked to do.
The student release / contract, is a photo shoot package that includes a set of prints in the total price.
I took out the package deal part out for the family shoot and I will only charge the client that arranges the shoot one price for the photo session. The client will recieve a CD of all photos once I am paid. They family(s) which will be several can order individual prints from me if they choose.
As I revise each release / contract, I save it as a template so I will have a folder for each release / contract as needed.
So far this is working for me, I am open to any other ideas. Again I am new at most of this, learning as I go!
I do have on each release / contract that I as the photographer I will be allowed to use any of the photos taken on my website for promotion purposes since some of my clients have their session password protected which I offer to them. This is only for personal photo sessions that I do this. Again I modify as I go!
Dave
Stock agencies must be VERY careful. So, they may be a bit overboard about releases. If they have one, they know they won't be sued (or will win)..so, they don't take chances that your image is used in an advertising campaign and someone shows up proving that that is his back and wants to make alot of dollars simply by suing.
The adage would be that if you shoot anything that you want to have a possible commercial use, you better get releases - yeah, even for backs.
And since you mention the background was Old Faithful, did you ask at the front desk whether there were any forms you needed to sign to take images for possible commercial use or something like that? There are parks now national (I think) and State Parks (I know) that require you to pay a fee for taking images that MIGHT be used commercially - which really ucks. You wind up paying a fee (sometimes outrageously high) and wind up never selling the images. I know of a certain State Park in Savannah, Georgia that requires you to pay a highway robbery fee if they "think" your camera being used is a high quality camera
If anyone goes to Wormsloe in Savannah, take pictures of the staff to publish on the net while you ask about their fees...and then leave and don't pay a dime. Take images while going back to your car! Take images out the window while leaving. Then post them. Someone needs to get this to court and clobber them. I would think (but at your own risk!) that there are many photo agencies who would foot the lawsuit.
But I digress!
Get releases, people and property, for ANYTHING you might wish to sell commercially. Once you do this enough, it will be a habit and you will feel more comfortable asking for it
Troup