Model Release Form

[bpretorius]

Hi all,

A friend of mine owns a pub and has asked me to take some photos for their new website - general venue shots and people having a good time in the pub. This is not an area that I am familiar with and have the following two questions:

1. I am not planning to use the photos as part of my portfolio, so I am not interested in obtaining model releases. However - for use of the photos on the pub's website, whose responsibility is it to obtain the releases from the customers in the pub - mine or the pub?

2. The shoot will start on Sunday after lunchtime, but it will be of normal people (most likely locals) coming in for a drink or few - what if they have an issue with me being there with a camera and flashes etc? Some people are always intimidated by "big" camera lenses and can get really uptight. Are there any useful tips to navigate my way around a potential tricky situation that may arise?

Any comments and help would be much appreciated.

[SwissJon]

1. The copyright holders. If they don't obtain model releases, then the person in the photo retains the right to decide when and where their image may be used. If the pub wants to use the images, then the pub should obtain releases.. It's not illegal to take someones photo unless there's a sign explicitly prohibiting it, it's illegal to use it certain ways without the consent of the person in the frame if they are photographed on private land (A pub is private land) and are in any way recogniseable. This is your basic right to privacy, and the model release is simply a waiver of this rights.

2. I would suggest that you ask the landlord to speak to the customers. Tell them what is going on, why, what the photos will be used for, and set aside an area where they can sit and relax that is not going to be photographed. They can then get on with their thing, you can get on with yours, and everyone is happy. The customers are the landlords problem. The landlord is your problem. Delegate.

[andyw]

SwissJohn - the op is in the UK. So some of your info is incorrect I am afraid.

1. In the UK there is no legal obligation to obtain a model release to publish (in any media) photos of people when those images were taken in public or on private land with the permission of the landowner.
In the UK there is NO actual privacy law (Article 8 of the European Convention on Human Rights is what is used in some cases but is not really relevant here).
The comeback people have if pictures of them are used in advertising for instance is if publication in that manner is deemed defamatory or libelous.
It would be extremely hard to show that with people in a pub enjoying themselves unless the images were used to advertise AA or something.
The subjects of images do not have the right to decide the hows/whys/wheres and whens the images are published.

All that said, it is always better for all concerned to get releases where possible. The responsibility for releases falls on the publisher of the images.
It is their responsibility to ensure that, if required, the necessary releases are obtained.
Normally that would mean that the photographer would get them at the time of the shoot or would state on any license/contract that no releases were available.

2. To avoid any potential conflicts have the manager/bar staff inform customers when they enter that there is a photographer present and they will be taking pictures and what they will be used for.
If anyone does not want to be involved then they should inform them/you of this fact.
The management could also have a sign put on the door stating that a photographer will be present between xxx hours taking photographs and that they will be used to advertise the pub etc.

I have done similar things a few times and never had any issues (also never got releases from customers) even though those images have been used on the interwebby and also in ads in magazines.

Good luck.

[doctorjames]

I have to say that I take the side of Andy rather than Swiss Jon with this. In the UK the laws on taking photographs of people in a public place (and a pub would be one of them) are pretty straightforward:

Its fine to take someones photograph, and you do not need permission to use it, even commercially.

The only applicable laws would be breech of the peace (if you got in a fight over it) or harassment (if you started chasing someone around the pub to take their photo.

If someone asks you to stop taking their photo, it would be curteous to, but not legally required. They have the option of leaving, or getting out of shot.

see:

Photographers Rights And The Law In The UK - the law and photography

James

[bpretorius]

Hi guys,

Thanks so much for your responses - it has been very very helpful indeed! Now I just need to calm the nerves before tomorrow and I hope all will be fine

Thanks again!