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Photography Question 

Amanda M. Freese
 

model releases


If you're doing portrait photography, do need model releases to post your work in advertisements or your website? They agreed to come to you for thier pictures right(?), so wouldn't that mean it's your work to do what you will with?

Another side of that, if you capture someone in a picture in public, but not thier face do you have to obtain model releases to use those photos as well?


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October 24, 2007

 

Brenda D.
  Amanda, Mark is a better person to answer this question , but yes I would get a release from every single person I wanted to use for any type of posting or advertising. most people I have ask are happy and flattered for me to use thier photos. but for your own protection I would get it in writing.


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October 25, 2007

 

W.
 
Hi Amanda,

now THAT is a slippery subject! Type 'model release' in the search box and hit Enter, because you've got quite some reading up to do.

Good luck!

http://www.betterphoto.com/searchResults.php?szTerm=model+release&schMod=QnA&limit2=all


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October 25, 2007

 

Oliver Anderson
  When I shoot with a model I get a signed model release, if I/we sell the images a new model release is signed for those specific images. Each time I sell content to websites, cellphone companies, etc. I get a release just to cover my booty.
If you're shooting in public and don't have the persons face showing you don't need to get people that are unidentifiable to sign the release.


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October 25, 2007

 

Mark Feldstein
  Yes. They agreed to have their photos taken NOT to have them published electronically, in prints, or especially in ads. If they're kids under 18 years old, you need parental consent (in writing).

If you photograph someone's recognizable image/likeness in public and want to use it in an ad, yes absolutely you need a release. The damages available in a lawsuit for invasion of privacy or misappropriation of a likeness for commercial use can be quite high, plus you'd probably be liable for attorney fees and court costs associated with the action.

Editorial usage is a somewhat different story and essentially depends on each situation. There is no blanket editorial exception to the release rule other than a "newsworthy exception" based upon the public's "right to know" but as I said, each situation may vary according to state laws and may be quite different from a similar situation elsewhere.

The safest thing for you to do since these involve right to personal privacy issues and possible commercial use of a likeness, is buy some time from an attorney in your area who specializes in intellectual property law AND who knows privacy law as well. Contact the lawyer referral service of your local county bar association for the names of people who specialize in this type of work.

As Brenda suggested, there are portable, simplfied, release forms available from a lot of sites for download. Also there are lots of books on these subjects, law for photographers, etc. that cover very general rules pertaining to these issues. If you want some names, drop me an e-mail, BUT to be protected, you really need to talk to a lawyer and yes, as WS mentioned, if you search here, you'll have quite a bit of reading to do. Take it light ;>)
Mark


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October 25, 2007

 

Amanda M. Freese
  THANK YOU ALL SOOOOO MUCH!!!!! very helpful


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October 25, 2007

 
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