Model Release...Expert Opinion Needed

[autofocus]

We have been asked to submit some of our photos on our towns new website, and some of the photos may include people doing things in public settings like parks, car shows, shopping, etc. Would putting this type of photo on a public / town website be considered commercial, and therefore require model releases from the various subjects? If so, it will now be virtualy impossible to do so. I know that short of violating a person's right to privacy, photographs of people in public places do not need a release, but my concern is whether the town's website is considered commercial use. One more thing, the photos will state the name of our photography business to further complicate this question.

Thanks in advance for your comments

Vince

[mikerob2334]

If the town will be using the photos on their site in a way that "promotes" the town then I would say it would be commercial use. Photos of people at places or events could be construed as those individuals endorsing those events. I doubt a problem would arise from it, but if it does then it would be the town's responsibility unless you have talked with them and given them your opinion on if they need model releases or not. On the other hand, even though you are not responsible for how the town uses your images you may not want your name attached to bad publicity. In short, yes it would be commercial use and if you are worried about the chance of bad publicity then don't do it.

[autofocus]

Originally Posted by mikerob2334

If the town will be using the photos on their site in a way that "promotes" the town then I would say it would be commercial use. Photos of people at places or events could be construed as those individuals endorsing those events. I doubt a problem would arise from it, but if it does then it would be the town's responsibility unless you have talked with them and given them your opinion on if they need model releases or not. On the other hand, even though you are not responsible for how the town uses your images you may not want your name attached to bad publicity. In short, yes it would be commercial use and if you are worried about the chance of bad publicity then don't do it.

Hey Thanks..appreciate your imput. Better safe than sorry may rule here

Vinnie

[sk66]

You're probably not going to get any "expert advice" on this site regarding legalities.

However, if the individuals are not easily/clearly identifiable then they are probably usable.

[autofocus]

Originally Posted by sk66

You're probably not going to get any "expert advice" on this site regarding legalities.

However, if the individuals are not easily/clearly identifiable then they are probably usable.

Thanks SK...I know this is a tricky subject, and the question still remains...Is a town website considered commercial, or nothing more than one promoting the virtues of living, and life in a small New England town? Without specifics regarding this I think it's best to err on the safe side.

Vince

[LeeR]

While I agree with sk66 that it is unlikely that any of us on this forum have the qualifications to give 'expert advice' I would like to point you in the direction of two websites you may find helpful. The first is the American Society of Media Photographers (ASMP). Virtually every news photographer in the country is a member so they have to deal with this quesiton all the time. The second is Dan Heller's site. He has written a 288 page book on the subject and his site has loads of information on the subject.Heller's link is very detailed with links to court cases that have bearing on the issue. I have read it several times over the years and learn something new every time.

[autofocus]

Hey thanks Lee..I will look them over

Vince

[sk66]

Originally Posted by auto-focus

Thanks SK...I know this is a tricky subject, and the question still remains...Is a town website considered commercial, or nothing more than one promoting the virtues of living, and life in a small New England town? Without specifics regarding this I think it's best to err on the safe side.

Vince

Determination of "commercial use" would ultimately come down to opinion (a judge's). Putting your logo on the images would make it more probable to be seen as "advertising" which would be commercial use. Otherwise, it would probably be fine as long as it was simply a "scenery shot" for no specific purpose. (not part of a direct marketing campaign for tourism etc)