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Photography Question 

Susan M. Hembree
 

Model Releases


 
 
I am an amateur and am not quite certain about when to use a model release. I took this photograph with the little blond-haired boy during a drum and bugle competition and would like to submit it for competition. However, as one can see, there are many people in the photograph. I am not clear on when to get a model release and how to do so with such a large crowd. Also, I have second and third photos of a woman taken at the same event. Would I need a release for her and her friend sitting next to her? Thank you.


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August 03, 2006

 

Susan M. Hembree
  I am not sure how to upload the 3 photos with the question above. You can see them on my gallery entitled:

1) Drum and Bugle Competition
2) "I love the guy on the xylophones!"
3) Strike Up the Band

Thanks! S. Rosin


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August 03, 2006

 

Ariel Lepor
  How to upload:
When you are finished writing the response, before clicking "submit", select 3 below from the "Select" menu. Then click "submit". Then browse your computer for the files.

I think that you need the model releases for recognizable people and buildings for photos you sell. But then again, what if you take a picture of a party or sky-line, lol? What a job that would be... I'm not an expert - that's just what I heard. Maybe you only need the release for the main subject.

Ariel
ScrattyPhotography
ScrattyPhotography Blog


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August 03, 2006

 

Mark Feldstein
  Greetings Susan: Signed model releases from subjects over the age of 18 years or from parents/legal guardians of kids under 18, are always a good idea to have as your first line of defense in the event you're sued for invasion of privacy, misappropriation of a person's image or defamation.
The rule of thumb is that if you publish an image (either electronically on the net, in print, or display it in public) depicting recognizable people, the image should be released. When you solicit publication of your work to a magazine, these days, it's presumed the photographer got a release and your contract requires you to indemnify the publication against loss for publishing an unreleased photo.
Crowds, buildings, skyline shots, are all situational. The news media exception to the release law is being eroded by state court decisions requiring photographers and editors to err on the side of privacy unless the photo just cries out for the public need to see it (need to know).
There are a number of books out, including one by another lawyer named Bernard Krages. I recommend if you start submitting your work for publication you get well versed in the subject AND in copyright law and registration to protect yourself further.
Take it light.
Mark


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August 04, 2006

 

Susan M. Hembree
 
 
 
Thanks for your answers. But I still am a little confused. Could I submit the photographs that I indicated to the contest without releases. Also, I guess I didn't know anything about buildings being a part of this. Does this mean that if the band is recognizable and it's a professional group, I would have to get a release for them, too? Thanks once again.


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August 04, 2006

 

Mark Feldstein
  I woouldn't do that. The contest offers some sort of compensation, whether money or tangible stuff. That places it in the realm of commercial work AND if you win, they're going to publish. If you don't have a release, you have no first line of defense if you're sued. Is it worth the risk? I'll let you decide that one.

As I said, you should read up on this issue and if necessary, contact a lawyer where you live who specializes in intellectual property law to give you a written opinion on his/her letterhead that will help protect you if litigation ensues.
Mark


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August 05, 2006

 

Mark Feldstein
  I woouldn't do that. The contest offers some sort of compensation, whether money or tangible stuff. That places it in the realm of commercial work AND if you win, they're going to publish. If you don't have a release, you have no first line of defense if you're sued. Is it worth the risk? I'll let you decide that one.

As I said, you should read up on this issue and if necessary, contact a lawyer where you live who specializes in intellectual property law to give you a written opinion on his/her letterhead that will help protect you if litigation ensues.
Mark


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August 05, 2006

 

Susan M. Hembree
  Ok, thanks for your input, Mark. I certainly do appreciate it as it will help keep me out of trouble.


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August 05, 2006

 

Lynsey Lund
  Since you seem to have all of the info Mark...I thought I'd throw an extra question on here for you. Or for someone else who happens along and knows the answer. Its concerning the buildings. First....if its a public building, like a tourist attraction, do I need a release to publish what I can see in plain sight? Secondly, I'm not sure how the international lines work. If I took the photo in another country, but it is published here and I'm an American citizen...do our copyright rules apply? Or do I need to investigate the laws in the other country (Bermuda specificallt)? Does this change as to whether or not the location is identifiable, like a person? If it could be any wall with leaves anywhere...does that make it generic enough like if you can't see the face or distinguishing marks?

I know this is a bit loaded...more questions kept coming to me as I typed. If there is an article or posting you know about to read, please feel free to just reference me there. Thanks so much for your input!


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August 09, 2006

 

Ariel Lepor
  Hey, Lynsey,
Mark is the real expert, but I'll just tell you, for now, what I'm pretty sure the answers are.
Even if everyone can see the building, you need a release from the owner of the building in case he wants to sue you for benefiting from his property. If it is impossible to prove that your picture is of a specific building or piece of property, however, you don't have anything to worry about. I would assume that you should also get the release forms for people and buildings in other countries.
Later,
Ariel


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August 09, 2006

 

Mark Feldstein
  Actually Lynsey, I don't have all the info but I seem to know what part of the law libe to find it in. :>)

Public buildings as in government owned structures are fair game and no release is required. All others would be privately owned, even if they're tourist attractions. Tourist attractions do not automatically get placed in the public domain.

You should find a book or two on the law for photographers which will cover most, if not all, of your questions concerning international laws vs. U.s. copyright laws. For the answer to that question, you need to determine first whether that country has any treaty that would cover intellectual property and enforcement of U.S. cr. laws.

If any subject in a photo, be it a person or a rock or a wall, is unidentifiable, it's also fair game and no release is required.

My pleasure.
Mark


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August 09, 2006

 

Lynsey Lund
  Thanks for the input! My law book from business school might address some of these issues as well, so I should go dig it out of the shed. I appreciate the info!


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August 09, 2006

 

Mark Feldstein
  Actually Lynsey, probably not but take a look anyway. Biz law covers contracts, torts and a little crim law and the majority of cases in there might be a tad stale. So, check out BN.com, maybe look around for a book by Bert Krages, and other books with Photographers and law in the titles for the more recent info.
M /


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August 10, 2006

 
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