 Michel A. White |
Require Model Release? I have a nice image of a piece of art that I'd like to enter in the contest and, unfortunately, when I was taking it, there was someone sitting on it (part of it is a bench). At the time, I had no intention of showing the image so I never thought of getting a release signed ... now I am wondering, since this is a piece of art set up on the street for the public, do I have to worry about this person coming back on me for posting his likeness? Also, in passing, I have no intention of profiting from this image. As all this took place in Canada, is there any difference in model laws between the U.S. and Canada?
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BetterPhoto Member |
Michel- Having been in the stock photo business for close to 30 years, I have seen too many legal situations arise regarding releases. I have even been threatened by people saying my photo was of them when it wasn't. Fortunately, I have always got releases and have never lost. In your case, or any case, a release would have eliminated any question. If you enter the image in a contest, how likely would it be that the person sees the picture? If you win and the image is published all over the place, you may have a problem. On the other hand, you are not making economic gain, so what is there to lose. I think there is some risk, but how much is the question. A lawyer could give you a better idea.
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Gianna Stadelmyer |
My understanding is that any recognizable person or private property has to have a release if it to be used commercially (for profit). I also thought that if you didn't have a release, then the photo may be used for editorial use (to educate, inform, etc.) I am not a pro, however, and have never really been faced with the scenario. I usually stick to pics of my own kids for posting to contests unless the people are unrecognizable. I posted one of a child from my daughter's school last year, and I had a release from her parents. I took a few decent shots at a Native American Pow Wow last summer and although I was very nervous about asking, I found them after the show and got them to sign a release. The only one I didn't have a release for was of a skier at a public race. I just couldn't find him anywhere after the event. I never intend to sell it (for editorial use or commercial) and I haven't submitted it anywhere that would use it in a promotional sense. I do agree, though, with anyone when they say if you think there is the slightest chance you might use a pic for anything, get a release. I see lots of people shots on photo contest sites, though, and would be curious to know how many of them had signed releases.
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Rob Friedman |
Hi Michel- I believe this thread may help:
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Martin Kantor |
I don't know about the rules of the contest thst you are entering, but in the contests I have been involved in, the recording of someone else's art would not be allowed and would be thrown out. Only if the art was more than a photographic copy of it, and told a story other than this artist made thsi, would it be allowed.
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