 Daniel O |
Model release for photos in restaurant I've been through a LOT of the model release questions in Q&A (dang, there's a lot to know...) and didn't see this one: A restaurant owner has asked me to photograph his place when full of customers, lots of folks around eating, drinking and making merry. Since it would be impossible to do this without many recognizable faces showing up in the photos, and presumably he wants to use the shots in publicity materials, what on earth do I do about model releases?? It would be physically impossible to get everybody. Or do I have to tell him it will have to be staged in a controlled situation? Thanks in advance,
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Mark Feldstein |
You're using restaurant customers for commercial purposes, i.e., advertising. So, every single one of the recognizable people in your "publicity" shots needs to sign a release and you need to keep careful track of which people are appearing in which photograph. If there are kids under 18, their parents need to sign the release. If the owners say go ahead and shoot any way, remember that you're legally on the hook for this as well as they are. The alternative is to hire professional models, shoot when the restaurant is closed to avoid "strays wandering into the shot" and have all of the models sign releases. The third solution is to use restaurant employees, as I've done with Hyatt and Marriott corps. BUT they have to do this willingly as it's not part of their job. Again shoot during times when the restaurant is closed. Good luck !
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Daniel O |
Yeah, that's what I figured. Just hoping there'd be an easier way. Thanks for your help. Dan
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John G. Clifford Jr |
Another approach I've used is for the restaurant owner to offer people a gift certificate or a discount on their meal if they sign the model release. You get a lot of willing customers then! Note that you only need model releases from customers who can be clearly recognized by an impartial judge. Sure, Sam over there has brown hair and people living in the town might think that is the back of his head, but you only need a model release from his wife who is facing you and is clearly identifiable. This helps you and the restaurant owner corral people into two groups... those who are willing to sign a release get to sit where they'll be recognizeable in the photo, and those who aren't can be seated out of sight.
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Mark Feldstein |
The discounted or free meal voucher is a great idea but for one teensy problem. Restaurant owners are invariably cheap. Extremely cheap. They all want something for nothing and everything in life to them seems to be about "portion control". Besides, if they weren't cheap, they would likely hire . . . No, on second thought, I won't go there. I think even restaurant employees who agree to sign a release deserve compensation for this and when I've used them, I make sure they're compensated by management. Orchestrating these scenarios in a venue open for business, as you might imagine, is what we used to refer to as a "Charlie foxtrot". You need to close portions of the restaurant or shoot with everyone's back toward the camera. THAT makes for a very odd photograph, indeed. As to John's other point, sure, as I mentioned earlier "recognizable" is certainly the standard. But impartial judges include a jury of your peers. ;>)
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Daniel O |
"Besides, if they weren't cheap, they would likely hire... " ...a professional, yes I know. And that's just what I'm going to let him do. I got a few good shots of the exterior for him -- I'll let it go at that. Thanks guys.
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Mark Feldstein |
Hey Dan. Congratulations on a wise, well-thought out decision. I think you're doing the right thing. You're not going to be taken advantage of to boot and that's a real plus as well. I live in between Monterey and Carmel California. I used to deal with restaurant owners constantly and all the headaches they presented. You finished my sentence exactly right. They try and get work done on the cheap, hound you to death if they don't like it for a million reasons, and then call to ask you to fix someone elses work they copied without permission. They'll spend thousands of dollars for tablecloths and place settings but hardly a dime on marketing. And if your work is good, they'll chisel you on the usage rights claiming they paid for it so they own it. Rarely have I run across a privately owned restaurant owner who understood the reasons for quality photography. Corporations, hotels, large chains, THEY get it. But local mom and pops usually don't. That's MY rant and I'm sticking to it. LOL !!! Good moves. Congrats again!!
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Jesse C. Plummer |
I used to belong to a gym that was a startup. They were going to take pictures and poste a sign to the effect and said anyone in the gym on that date, effectively gives permission for their image to be used in any promotional material. How legal, or illegal is that?
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Mark Feldstein |
In the state of California at least, it's completely legal. The notice, which most be posted in large enough type to be viewed by people entering, and when properly posted at the entrance to a facility, constitutes sufficient notice. After being exposed, so-to-speak, to the signage, except for kids under 18 years old, entering likewise constitues sufficient consent to be photographed and to have the photographs used for the purposes expressed in the notice without any contractual compensation beyond being permitted to enter the venue at that particular time. This is typically done at large venues during concerts that are being photographed or video recorded by the media or concert promoters and other commercial enterprises.
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