Permission???

[macandal]

Ok, I'm posting here because this appears to be the place where legal questions will be answered. If this is not the right place (mods), kindly repost where appropriate. Thanks.

I'm not in business with my photography, in fact, I'm quite new, but I wanted to know what are my rights when I take someone's picture. I mean. Say, I ask a complete stranger if I could take her picture. She agrees. Later on, let's say I'm showing my work somewhere and a person likes the picture of the stranger I took. Could I sell that picture? Could I put that picture in a book? Could I even show that picture in an exhibit? We're assuming I did not ask her to sign a release or anything. I simply asked her (verbally) if I could take her picture, she said yes, and I took the picture. What are my rights with my work? Thanks.

[Daniel Stone]

here in CA, you don't have any rights. Even with a model release. Well, that's MY take on it :o

our judicial system is so F#$ked up, its sad....

But a model release MIGHT make things go easier. If you don't think you'll plan on selling your work, go ahead w/o one. If it were me, I'd try to get one, just in case. Just tell them(if they ask why you're having them sign it) that is to cover BOTH of you.

-Dan

[Frank Petronio]

You can use any picture of person or property as fine art and for editorial content, and sell the prints as fine art. But you can not sell their recognizable image for advertising without a written release. Most professional buyers, like decent ad agencies, will insist on having a copy of your release to protect themselves as well.

Of course there are grey areas and anyone can sue you for anything, so the effort of getting a model release is well worth it. Mine is based on the ASMP one that is widely circulated and popular. Also it is a good idea to stay on good terms with your subjects, something that is not always easy to do when they might be truly awful people.

And finally, legal advice from me is worth zero. Talk to a real lawyer who handles photography to be sure. The internet is full of bunk.

[macandal]

Mine is based on the ASMP one that is widely circulated and popular.Where can I get it?

Thanks all.

[Frank Petronio]

Print on letterhead

Release

I hereby grant to PHOTOGRAPHER NAME and his legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of me or my property, or in which I or my property may be included, for editorial, trade, advertising and any other purpose and in manner and medium; to alter the same without restriction; and to copyright the same. I hereby release PHOTOGRAPHER NAME and his legal representativefis and assigns from all claims and liability relating to
said photographs.


name (please print) ____________________________________________

date __________


signature __________________________________________

optional
phone _______________

address____________________________________________

city _________________________ state ______ zip _______




if a minor, signature of Parent/Guardian ______________________


witness ______________________

[bdkphoto]

Where can I get it?

Thanks all.

http://asmp.org/tutorials/property-and-model-releases.html

[William McEwen]

Also, Macandal, there are moral components.

Even though every person I photograph signs a release, I always tell them if there are some they don't like, let me know and I'll hide them.

And sometimes, I will contact them much later on and say, "I'd like to use this picture for such and such project, is that OK?" (This is mostly with the underdressed photos, and certainly with the nudes.)

I don't want my pictures causing the subjects any distress, so I try to be as accommodating as possible. The subject has given me his/her time and face, and I consider that an important asset that should always be respected.

[macandal]

Thanks everyone.

[macandal]

Also, Macandal, there are moral components.Noted. Thanks.

[paulr]

And sometimes, I will contact them much later on and say, "I'd like to use this picture for such and such project, is that OK?" (This is mostly with the underdressed photos, and certainly with the nudes.)

Jock Sturges said he did something similar. He recognized that people changed their mind over time, so he never used releases. Just asked permission every time before using someone's picture in a show or a book.

I gather most of the subjects are personal friends and people rarely said no.

[William McEwen]

Absolutely, that is commendable. But people do disappear. Otherwise I like the idea of a new agreement with each use.

[William McEwen]

There's one woman, and a specific photo, that she says OK for books, magazine articles, exhibitions, sales, etc., but NO INTERNET. She's got her shirt open, and she's wearing a bra. When I had it on my website, anyone doing an Internet search for her name would arrive at that photo first! She loves the photo, but she doesn't want all her old college friends directed there first.

[paulr]

Absolutely, that is commendable. But people do disappear. Otherwise I like the idea of a new agreement with each use.

I think that approach makes sense considering the very personal nature of the work. In most cases, I think releasses are fine. And if you're doing work that's inarguably for artistic or editorial purposes, they're not even necessary.

[Leigh]

When I had it on my website, anyone doing an Internet search for her name would arrive at that photo first!
i think it's unwise/impolite to post anyone's name on a website regardless of the reason, unless the individual is a personality.

- Leigh

[neil poulsen]

I liked the advice from a local newspaper photographer, who also photographed fine art, maybe some advertising, etc. He printed his releases on a business card, or maybe something a little larger. That way, they seem less formal, and he could carry them around in his shirt pocket.

He didn't call them "model releases" either, which sounds legal. He titled them "Picture Permission", or "Picture Release". He found that people he photographed were more likely to sign them, that as soon as something sounded legal, they became more cautious.

[Frank Petronio]

Don't be a wimp about it either, if someone agrees and signs a release then it's good forever. Some people are crazy and irrational so don't feel you need to roll over every person who second-guesses their decisions.

Sometimes the best pictures aren't nice. Don't censor yourself.