Forums > Model Colloquy > model release

Photographer

PhotographerMV

Posts: 122

Norwood, Colorado, US

ok so why would a photographer who owns the rights to his photography be required (for what reason) to have a signed by the model release. releasing from what?

and how does that affect published candid photography?

Jul 02 05 06:45 pm Link

Photographer

XtremeArtists

Posts: 9122

Posted by PhotographerMV: 
ok so why would a photographer who owns the rights to his photography be required (for what reason) to have a signed by the model release. releasing from what?

From her suing your ass when you put her photo next to photos of dead fish and the rear end of motocyclists...

Jul 02 05 06:46 pm Link

Photographer

Brian Diaz

Posts: 65617

Danbury, Connecticut, US

Jul 02 05 08:27 pm Link

Model

theda

Posts: 21719

New York, New York, US

The subject of a photograph has the right to privacy and the ritgh to determine with what his or her likeness is publicly associated. Most publications won't accept images without appropriate releases (unless they are for news/editorial purposes) because of potential legal liability.

Jul 02 05 10:14 pm Link

Photographer

Star

Posts: 17966

Los Angeles, California, US

I remember a case of a street scene in New York, over fifty people in the image, but one particular person was obviously the subject, caught the eye. There was no model release, and the image was sold as a poster. The subject sued and even though it was a crowd shot they one, since they were the focus of the image, always get a model release

Jul 02 05 10:19 pm Link

Photographer

PhotographerMV

Posts: 122

Norwood, Colorado, US

thanks for that link. that sheds a lot of light, and dutifully so in light of commertial use. still if i take pictures and post them on my own website or say here for instance, and as noted possibly next to a dead fish (not tom langman holding said fish) , i have the right to use them for my own purpose. to print, copy/duplicate, modify, or sell for profit.

(better)?

Jul 02 05 10:45 pm Link

Model

theda

Posts: 21719

New York, New York, US

Posted by PhotographerMV: 
thanks for that link. that sheds a lot of light, and dutifully so in light of commertial use. still if i take pictures and post them on my own website or say here for instance, and as noted possibly next to a dead fish (not tom langman holding said fish) , i have the right to use them for my own purpose. to print, copy, duplicate, modify, or sell for profit.

Not exactly. You can copy and duplicate (both, if you can tell me what the difference is). You can modify. You can print.

You cannot publish (again, outsitde of editorial usage).  You cannot use the images commercially (i.e. sell for profit) without serious liability.

Also, depending on how you modify the shot, you can be liable for lible (say that five times fast) if published.

Jul 02 05 10:54 pm Link

Photographer

Marvin Dockery

Posts: 2243

Alcoa, Tennessee, US

Posted by PhotographerMV: 
ok so why would a photographer who owns the rights to his photography be required (for what reason) to have a signed by the model release. releasing from what?

and how does that affect published candid photography?

Here is somthing else to think about.

If you shoot the model on someone's private property, you
may also need a property release from the property owner, plus the model. The releases are not the same. 

Jul 02 05 11:07 pm Link

Photographer

PhotographerMV

Posts: 122

Norwood, Colorado, US

(edit) > in reply to the NY street scene turned poster...

now that is just not right. (not saying anything against you or them), the fact is that if you are in public, on publicly accessable property, and not within the confines of a privately owned establishment, you cannot have any expectation to any right to privacy.

Jul 02 05 11:13 pm Link

Photographer

PhotographerMV

Posts: 122

Norwood, Colorado, US

yes i know that, provided said location contains any copywriten works such as a trade mark or logo. i had to get permission from the comittee for the sale of images from the fishing derby with there copywriten banner as a backdrop.

Jul 02 05 11:18 pm Link

Model

theda

Posts: 21719

New York, New York, US

Posted by PhotographerMV: 
now that is just not right. (not saying anything against you or them), the fact is that if you are in public, on publicly accessable property, and not within the confines of a privately owned establishment, you cannot have any expectation to any right to privacy.

No, but you have an expectation that your likeness will not be exploited for commercial gain.

Jul 02 05 11:19 pm Link

Photographer

Andre Knudsen

Posts: 206

REGO PARK, New York, US

You don't need one for the cat.

Jul 03 05 07:55 pm Link

Model

Sabrina Jasmeen

Posts: 6

Austin, Texas, US

Just to add my 2cents worth here. My daughter wanted to get 1 copy of one of her images printed for her portfolio. Nothing else. 1 picture. Without a signed photographer's release, no one would print it, not even the local grocery/drugstore, & definitely not a pro camera place. We know the photogs we shoot with locally very well, & they tend to neglect giving out releases, probably because they don't think that much about it. They think that giving us the images on a CD is enough. However, copyright infringement is a very big deal, as is publishing or using a model's picture without a signed release. It works both ways, & both parties benefit from having those releases.
Nancy (Sabrina's Mom)

Jul 04 05 04:48 pm Link

Photographer

C00P

Posts: 536

Anaheim, California, US

Posted by Andre Knudsen: 
You don't need one for the cat.

Animals fall under property releases. smile

Jul 05 05 02:05 am Link

Photographer

Ed Nazarko

Posts: 121

Lebanon, New Jersey, US

Posted by PhotographerMV: 
(edit) > in reply to the NY street scene turned poster...

now that is just not right. (not saying anything against you or them), the fact is that if you are in public, on publicly accessable property, and not within the confines of a privately owned establishment, you cannot have any expectation to any right to privacy.

Yes, but you have a right to not being defamed, and if I remember the story correctly, the one person who sued was a standout in the crowd, I believe because she was the only blonde and showed.  And the caption/header was something to the effect of "you never know who's diseased", something that she successfully convinced a jury defamed her.

That's why the release, and the wording itself, has to be so careful.  Another guy successfully sued one of the tobacco companies because a public street scene had his face in it, and his suit was that it made it seem that he was endorsing smoking.  Jury agreed.

If you're just any old photographer without a ton of money, you can probably do whatever you want on your own, as long as you're not blatantly aggressive about something.  But if you have deep pockets or good insurance, you really shouldn't be showing images in public places, other than journalism, without releases.

And about the cat?  Sometimes you do.  I've shot some dog calendars, and you really need to get releases for purebreds, particularly if they're champions, to protect your rights to use the image.  I just lost a sale of a bulldog image I shot while hanging out at the local dog park with my dogs because I couldn't find the owner in time to get a release.  A grand down the tubes because I treated the whole process casually.

And, you want insanity?  Paris, arguably the birthplace of awesome street photography, makes it illegal to photograph people on the street without their permission.  It's up to the person being photographed to complain, but if they do, better re-shoot your souvenir image of Notre Dame.

Jul 05 05 10:27 am Link

Photographer

area291

Posts: 2525

Calabasas, California, US

Posted by sjlotf17: 
Just to add my 2cents worth here. My daughter wanted to get 1 copy of one of her images printed for her portfolio. Nothing else. 1 picture. Without a signed photographer's release, no one would print it, not even the local grocery/drugstore, & definitely not a pro camera place.

As it should be.  The first source for printing should always be the photographer.  It is in their best interest to maintain quality and standard of service for those wishing prints.

Jul 05 05 11:28 am Link

Photographer

PhotographerMV

Posts: 122

Norwood, Colorado, US

Posted by sjlotf17: 
Just to add my 2cents worth here. Without a signed photographer's release, no one would print it, not even the local grocery/drugstore, & definitely not a pro camera place.
Nancy (Sabrina's Mom)

the images must have been blatantly marked by the photographer, somthing i need to work on myself for my own imagery.
This is why i do all my own printwork, so nobody can get there hands on the origionals. i produce nearly perfectly accurate images from what i have onscreen, i have spent a long time learning how to work the 'mechanics' so to speak encompasing capture>editing>hardware-profiling>proofing, being lucky enough to have a brother in the high end printing industry and 4months vacation being a professional gardener. (yes i have lots of flower pics, LOL).

I do find this curious when the printwork i did for the big fishing derby had no problem whatsoever of being reproduced without my permission by the local photo lab on Martha's Vineyard when they knew full well i was the photographer. things are sure different in the 'real world'.

im learning, and pushing for more knowledge, thanks to everyone here who helps out with all these stumbling blocks...

Jul 05 05 01:30 pm Link

Photographer

Curt at photoworks

Posts: 31812

Riverside, California, US

I've put a lot of model release info and links on a page on my web site.

http://photoworks.ws/model_release.htm

Curt

Jul 05 05 02:22 pm Link

Photographer

Curt Lout Photography

Posts: 153

Spearfish, South Dakota, US

Business and Legal Forms for Photographers
Third Edition
by Tad Crawford

Jul 06 05 08:27 am Link

Model

Sabrina Jasmeen

Posts: 6

Austin, Texas, US

Actually, the pix weren't marked in any way.  They simply looked "posed" as they put it.  ie they were taken in front of a backdrop & they didn't look as bad as the ones I usually take.

And, to answer area291, not all photogs want to make prints for models. Some only want to provide CDs.

My point, in case I didn't make it clear enough, was that releases should be given by both parties to each other, so that neither has a problem later.  When a model works for TFP/CD, they should be able to get a print for their portfolio to use when they are sent to see clients by their agency.

And thanks to all who've shared links to model release info.
Nancy

Jul 07 05 01:11 am Link

Photographer

Vito

Posts: 4581

Brooklyn, New York, US

sjlotf17 wrote:
Just to add my 2cents worth here. My daughter wanted to get 1 copy of one of her images printed for her portfolio. Nothing else. 1 picture. Without a signed photographer's release, no one would print it, not even the local grocery/drugstore, & definitely not a pro camera place. We know the photogs we shoot with locally very well, & they tend to neglect giving out releases, probably because they don't think that much about it. They think that giving us the images on a CD is enough. However, copyright infringement is a very big deal, as is publishing or using a model's picture without a signed release. It works both ways, & both parties benefit from having those releases.
Nancy (Sabrina's Mom)

Actually it's not a release, it's a (usage) license that a photographer would give to a model to use/reproduce the images.

Oct 08 05 02:53 pm Link

Photographer

Vito

Posts: 4581

Brooklyn, New York, US

Curt Burgess wrote:
I've put a lot of model release info and links on a page on my web site.

http://photoworks.ws/model_release.htm

Curt

On the Photographic Model Release for Tom Philo Photography,
you use the phrase:
"hereby release and assign all copyright ownership and"
"assign all copyright ownership" is extraneous and not something the model can do. She/He does not own the copyright, the photographer does, so he/she cannot assign it to someone else. You use the "copyright ownership" again a little down further, again incorrectly.

On some other pages, you say the same thing. It looks like you are under the impression that the model is releasing the copyrights to you. That is not what the release is for (and some smart-ass lawyer could make a case and invalidate all your releases that have this, I say, could, not would or will). The release is so you (the photographer, can use the images for profit, and allows you to alter the images (if that is included in it).

Just FYI

Oct 08 05 03:00 pm Link

Photographer

Champion Hamilton

Posts: 190

New York, New York, US

In reference to candid and editorial photography...

People usually don't care about anyone else's right to "privacy" in public unless it's their own. I use simple rules when it comes to deciding what photos to use when I shoot events that are in public. It's all about consideration and respect.

For example, I take photos at club events. Obviously many people end up "under the influence" quite a few women who wear clothes that expose a lot. While it's a given that they chose to wear those clothes in public I can still respect them not necessarily wanting a permanent image of that available for the world to see. So, I don't release photos that capture them without their knowledge or consent.

I've taken crowd shots then later on see in the photo that a woman popped out of her shirt. Also sometimes a shirt becomes seethru when the flash fires. These things have happened more than once. My choice was to not make their embarrassment permanent and I deleted the photos. I'm male so of course I enjoyed the view on some level but I'm a man of respect.

Most people are thinking of the "right here right now" not "frozen in time to be seen." Consideration and respect are very important factors. It's easy to say you have the legal right, not always easy to prove it, but personal rights should never be ignored.

Oct 08 05 03:28 pm Link

Photographer

robert christopher

Posts: 2706

Snohomish, Washington, US

Andre Knudsen wrote:
You don't need one for the cat.

actually you need a property release for the cat

Nov 07 05 03:36 am Link

Photographer

Wil with one L

Posts: 394

Malibu, California, US

I've had a few cats turn on me. Get a release.

-Wil

Nov 07 05 03:41 am Link