Forums > General Industry > Do you have to right to have this in your book?

Photographer

RobinLiPhotography

Posts: 7

Toronto, Ontario, Canada

I have a really good friend who is a model with a good agency. I often ask her to do some test with me(without noticing her agency).  I don't know if I am allow to post those test photo on my website? or include those in my book?
Do I need a release for that? I am a little bit confused now.

Feb 21 13 10:33 pm Link

Photographer

Marin Photography NYC

Posts: 7253

New York, New York, US

Ask your friend if it's ok. If so do so.....If it's a good friend it shouldn't be an issue.

Feb 21 13 10:39 pm Link

Photographer

J O H N A L L A N

Posts: 10331

Santa Ana, California, US

I agree, ask her as a courtesy.
But, you don't need a release to use these in your portfolio.
Since she's an agency girl and you guys are using the word test, she knows what test means. So there is a verbal agreement to each use for your respective collateral.

Feb 21 13 10:44 pm Link

Photographer

RobinLiPhotography

Posts: 7

Toronto, Ontario, Canada

Great. Thanks for the advices.

Feb 21 13 10:51 pm Link

Photographer

Michael Fryd

Posts: 3907

Miami Beach, Florida, US

John Allan wrote:
I agree, ask her as a courtesy.
But, you don't need a release to use these in your portfolio.
Since she's an agency girl and you guys are using the word test, she knows what test means. So there is a verbal agreement to each use for your respective collateral.

It'a not always that simple.  Some states require that a model release be in writing.  Oral or implied releases are not valid in some states.

Similarly, the rules vary by state as to whether you need a model release in order to hang an image on your studio walls or post it on your website.

Generally a release is needed if an image is being used to promote a product or service (this is sometimes called "Commercial use").

Non-photographers can usually post on facebook as there is no commercial component to the usage.  A photographer who posts is using the image as an example of there work, this is a straightforward example of using the image to promote their photography business.  The exact rules vary from state to state, and some states have specific rules when it comes to photography businesses.

The bottom line is that this is far more complicated than most people realize.  The specific details of a situation are very important.  Never take legal advice from the web.  Always consult a local attorney for reliable legal advice.


There is also the issue that if the images get posted, the model may get in trouble with her agency.  If the photographer and model are friends, he may not want her to get in trouble.

Feb 22 13 03:49 am Link

Model

Retiredmodel

Posts: 7884

Monmouth, Wales, United Kingdom

Depending on her contract - some models are tied to agencies exclusively and others are not.
Hence the word 'test'. If it is just that then it's fine. If you then use the images commercially it could be trouble for her.

She will know or can ask. Be sure to get a model release expressly for non commercial portfolio use maybe.

Feb 22 13 06:00 am Link

Photographer

RobinLiPhotography

Posts: 7

Toronto, Ontario, Canada

Michael Fryd wrote:

It'a not always that simple.  Some states require that a model release be in writing.  Oral or implied releases are not valid in some states.

Similarly, the rules vary by state as to whether you need a model release in order to hang an image on your studio walls or post it on your website.

Generally a release is needed if an image is being used to promote a product or service (this is sometimes called "Commercial use").

Non-photographers can usually post on facebook as there is no commercial component to the usage.  A photographer who posts is using the image as an example of there work, this is a straightforward example of using the image to promote their photography business.  The exact rules vary from state to state, and some states have specific rules when it comes to photography businesses.

The bottom line is that this is far more complicated than most people realize.  The specific details of a situation are very important.  Never take legal advice from the web.  Always consult a local attorney for reliable legal advice.


There is also the issue that if the images get posted, the model may get in trouble with her agency.  If the photographer and model are friends, he may not want her to get in trouble.

Thank you for the comment. I will contact the model the details

Feb 22 13 03:21 pm Link