 BetterPhoto Member |
release for street performers Do I need a release from a street performer? My other question is in regards to a photograph I took in a park. Two elderly people are seated in conversation and in the forefront is a sculpture on temporary display. Do I need a release from the artist even though it is in a public park?
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Mark Feldstein |
The answer depends on how you use the work. The mere fact it was made in a public park doesn't necessarily mean a photographer gets unlimited use of the images they take there. And while most performers, if given credit in the photo, probably wouldn't deny you a release, especially in exchange for a print or two, for private use and display, no problem. For editorial use in a magazine, probably although some editors would pass on the release. For stock photography, I'd say definitely before you'd be able to sell it. For advertising, commercial use, absolutely. The best thing to do Carlyn, is contact a lawyer in your area who specializes in intellectual property law and see how the law in your jurisdiction perceives privacy issues and use of someone's likeness. The other thing you can do, although it's pretty general, is to score a copy of one of two books: "Legal Handbook for Photographers" by Bert Krages, Esq. Amherst Media. OR "The Law (In Plain English) for Photographers" by Leonard Duboff. Take it light ;>) Mark "Feldstein@attglobal.net"
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Peter K. Burian |
Carlyn: The simple answer: No. You do not need a release to take a photo. You need a Release if you want to use the photo of a person or his property for commercial use. For an ad, for example. Cheers! Peter Burian
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Peter K. Burian |
Here is a sample of a model release. When you read it, you get a better appreciation as to why a photographer might get his subject to sign one. Peter ADULT RELEASE LONG FORM In consideration of my engagement as a model, upon the terms herewith stated, I hereby a) the unrestricted right and permission to copyright and use, re-use, publish, and republish photographic portraits or pictures of me or in which I may be included intact or in part, composite or distorted in character or form, without restriction as to changes or transformations in conjunction with my own or a fictitious name, or reproduction hereof in color or otherwise, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose whatsoever. b) I also permit the use of any printed material in connection therewith. c) I hereby relinquish any right that I may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied. d) I hereby release, discharge and agree to save harmless [photographer], his/her heirs, legal representatives or assigns, and all persons functioning under his/her permission or authority, or those for whom he/she is functioning, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy. e) I hereby affirm that I am over the age of majority and have the right to contract in my own name. I have read the above authorization, release and agreement, prior to its execution; I fully understand the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns. Dated: ________________Signed:_____________________________________ Address:__________________________________________________________ City:_____________________________________________________________ State/Zip:__________________________________________________________ Phone:____________________________________________________________ Witness:___________________________________________________________
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