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Thread: Permission???

  1. #1

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    Permission???

    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.

  2. #2
    Daniel Stone's Avatar
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    Re: Permission???

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

    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

  3. #3

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    Re: Permission???

    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.

  4. #4

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    Re: Permission???

    Quote Originally Posted by Frank Petronio View Post
    Mine is based on the ASMP one that is widely circulated and popular.
    Where can I get it?

    Thanks all.

  5. #5

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    Re: Permission???

    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 ______________________

  6. #6
    bdkphoto
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    Re: Permission???

    Quote Originally Posted by macandal View Post
    Where can I get it?

    Thanks all.
    http://asmp.org/tutorials/property-a...-releases.html

  7. #7

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    Re: Permission???

    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.

  8. #8

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    Re: Permission???

    Thanks everyone.

  9. #9

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    Re: Permission???

    Quote Originally Posted by William McEwen View Post
    Also, Macandal, there are moral components.
    Noted. Thanks.

  10. #10
    Abuser of God's Sunlight
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    Re: Permission???

    Quote Originally Posted by William McEwen View Post
    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.

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