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Photography Question 
Nathan  Clarke
 

Model releases for travel images


I am exploring the idea of trying to sell some of my recent travel pics to tour operators ,and tourist information sites local to areas(where taken) , but until now have avoided people in the pictures due to model release issues.
I know any agency would need release ,but for tour operator for eg. would they need moedel releases for anyone in pictures? How does this work ? I am comfortable taking pictures of people travelling , but how do you take a candid shot of someone then approach to ask them to sign a release form? Is photography of anyone under the age of 16 bound by same law as images taken in uk(need parental consent) . thanks nathan


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7/7/2007 10:17:58 PM

 
Mark Feldstein
BetterPhoto Member Since: 3/17/2005
  Now, I gotta ask you Nate, if an agency would ask you to provide a model release for any recognizable person in your photos before they publish, why wouldn't anyone else publishing your stuff in the U.S., like a tour company publishing an ad with a recognizable likeness of someone, NOT need a release as well?

As for minors under the age of 18, their parents or legal guardians must sign the release since a contract signed by a minor in the U.S., is void or voidable unless it's reaffirmed when they reach the age of 18 or for the basic necessities of life like food, shelter and clothing.

As for the particular release laws in the U.K., I'd talk to someone there, like a barrister, who specialises in that type of law although I know there are a number of treaties between the U.S. and U.K. that provide for a mutual recognition of varies right-protection laws.
Take it light.
M.


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7/8/2007 11:35:35 AM

 
Nathan  Clarke   Sorry Mark, i'm being completely stupid here,but I don't understand . Do you mean that I do need s model release for any subject in a picture I take where ever they are in the world. eg. if I was in Spain and took a candid picture in the street of someone ,would I then be able to sell that to any agency in the UK(or in the US or would I need a model release. Thanks nathan


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7/8/2007 3:18:37 PM

 
Mark Feldstein
BetterPhoto Member Since: 3/17/2005
  As I said earlier: "As for the particular release laws in the U.K., I'd talk to someone there, like a barrister, who specialises in that type of law although I know there are a number of treaties between the U.S. and U.K. that provide for a mutual recognition of varies right-protection laws". Now you're asking me about Spanish law and I have no idea what they do over there other than powder their wigs before going to court. (Like the UK.)

If you reside in the U.S., contact a lawyer specializing in international law. There are always law libraries. Try one at a large university with a law school.
Take it light.
M.


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7/12/2007 9:04:52 AM

 
Nathan  Clarke   Hey ,

i dione bit more research and it seems as if it depends of the particular agency or client. Got in contact with Lonelyplanets images and they accept images without model releases, it may just limit your sales(told story of client who wanted pic in their library but specified needed model relased pi.But photographer had no model release , so went half way across world to track down this woman he photographer on a beach in some remote village in SOuth East Asia. He found her and got it , but was too late to sell the pic!!!!!! So now really jsut wondering how you approach soemone to ask them to sign a form giving you permission to do wwhat you liek pretty much with their image!


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7/13/2007 1:54:06 AM

 
Mark Feldstein
BetterPhoto Member Since: 3/17/2005
  This not only has a limiting factor on your market along with the value of your work, but the potential for increasing your liability if the image with recognizable people and no release gets sold and published without a release. Maybe I'm just used to dealing with a more reputable agency that has a tendency to follow the rules of commercial publication and the traditional stock industry.
Take it light Nate.
Mark


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7/13/2007 3:12:06 PM

 
Susan Gottberg   It also depends on the usage of the image. You don't need a release to use an image for fine art prints or editorial usage. You do need a release for commercial purposes (selling a product or service). Some agencies don't deal in editorial photos.


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7/13/2007 3:51:57 PM

 
Mark Feldstein
BetterPhoto Member Since: 3/17/2005
  Thanks for sharing that Sue. I guess Gettty and Corbis aren't dealing in editorial illustration any more since they still require the photographer submitting the work to have a record of the name, address and a signed release of the person. And I suppose too, those would be fine art prints that are just viewed and never, ever sold, anywhere. Does this mean I can put my work on display in private galleries for the public to view without a release? WOW !!!! I had NO idea !!!
M.


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7/13/2007 5:55:40 PM

 
Nathan  Clarke   Lonely Planets Images is a pretty reputable agency,but I guess they deal in editorial , travel guides and tour ops as well so wouldn;t all need release.
Thanks thats a great help but still don't know how would take a candid a photo of a fisherman on a beach in a remote village in Indonesia , then approach him with a legal document and get him to sign with his name , address and signature...i guess that comes with experience! thanks again


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7/14/2007 12:19:01 AM

 
Mark Feldstein
BetterPhoto Member Since: 3/17/2005
  While the odds at being caught are pretty slim in that case you presented, it doesn't necessarily make it right. As we've said here many many times before, "If you don't ask (and the worst they'll say is "no") you can't get a release. And if you DO ask, chances are you'll meet a lot of nice and interesting people. That, in turn, tends to make your travels more interesting, no?

And remember too, your work is more valuable to a reputable stock agency with more stringent submission requirements, if you have a release to go with it.
M.


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7/14/2007 9:37:08 AM

 
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