Model Releases

[blissfullife]

This is my situation:

I asked my friend if she would let me take photographs of her and her girls for some experience. She agreed and I told her that if she liked them she could buy the prints.

Do I need her to get her and the girls to sign a model release form or a Photograph release form? is there a difference?

[Mr Guy]

Very short answer: No with a "but": You don't need one, but if you are intending to sell them to somewhere else, it will help to get one.

Slightly longer answer: Yes with an "if": In other words, it's for additional protection you technically shouldn't need, but unfortunately in our litigatious world it's much more cost effective to have that protective signature than it is to fight for your rights later, if you do intend to sell them or display them, and it will make it easier to sell them if you do have that signature to provide to anyone who does wish to publish them.

Long answer: No with a "but" and an "and":
The point tuxcomputers makes above is a sound one. Most of the advice here seems to be oriented around covering your butt the most fully in order to be able to sell pictures with the greatest of ease. It still all comes around to you, personally, not "needing" a release at all. No country I've yet been made aware needs any kind of permission to either take photographs or to sell them for commercial use, assuming you took the photo legally (Ie, trespassing laws, peeping tom laws). All the legal mumbo jumbo is about permission to USE the photograph in commercial means, meaning it's the publisher who is ultimately responsible. What you'll find here, however, is a lot of people who have apparently had run ins with either ignorant lawyers, shady lawyers, or lawyers using scare tactics to threaten them, or know people who have, and have come to the conclusion that being legally within their rights is not as important as avoiding potential legal hassle and expense to prove they were in the right later.

[andyw]

I have just joined this forum through seeing it quoted on another site.
Discussions re model releases, copyright and rights will always go on and everyone will have different views.
Mainly because there are different rules (laws) depending which country you are in.
In the UK, where I am based, there is no requirement for a model release to publish, display, copy or sell on your shots.
Even for commercial purposes.
There is an exception when it was a private hire (i.e. a wedding or family portrait session).

In general any shot I take of a member of the public can be sold on.
I do not (by law) require a model release as in the UK the individual has nothing to release.
The person could have a comeback if the shot was used in a way which was libelous or held them up to ridicule but that comes under different laws.

In practice, if I am doing a shoot with a model then I will get a general release signed as the majority of publication and stock agencies now require this mainly to cover their axxxxs.

[allcart]

You're right Andy, it does vary a lot from country to country. I am in the UK as well and from my experiences, It only seems to be models who want a release. Most other folks think it a bit strange if I ask them to sign a release. They seem to think I am going to do something shady with the pics, so in general, I don't bother unless the person I am photographing asks about one.
Then again, I don't sell pictures to anyone but the client.

[Tantarado]

What if i am just a point and shoot camera guy or say i just wanted photography as a hobbie and not make profit out of it, do i still need these release form? I have seen lots of people with their cameras taking pictures of people, they just smile and nod at their subject and it's done.

Thanks & cheers.

[yalborap]

Originally Posted by Tantarado

What if i am just a point and shoot camera guy or say i just wanted photography as a hobbie and not make profit out of it, do i still need these release form? I have seen lots of people with their cameras taking pictures of people, they just smile and nod at their subject and it's done.

Thanks & cheers.

You likely won't run into legal trouble if you're not trying to sell the shots, but it would be in good morals to get the permission first, and a good ideal legality-wise to get a model release. Of course, I Am Not A Lawyer, so take my advice with a grain of the spice of your choosing.

[Algernonep]

Thanks to every post! This is very useful information!

[kencaleno]

Originally Posted by Tantarado

What if i am just a point and shoot camera guy or say i just wanted photography as a hobbie and not make profit out of it, do i still need these release form? I have seen lots of people with their cameras taking pictures of people, they just smile and nod at their subject and it's done.

Thanks & cheers.

You only need model or property releases, if you are going to sell images for monetary gain. Ken

[kencaleno]

Originally Posted by Sime™

hey.. if you'd rather be in legal trouble - go right ahead, I'm not a lawyer, but I was advised by one... Are you?.. or?..

...If you're selling a book, with photos of people in it, at some point you're going to run into trouble... but, hey... go right ahead!

..well done?


...oh, I should google it, maybe?.. no need to be sarcastic mate - we're here to help each other, I was merely letting you know what an australian lawyer told me... hell, why should I listen to her?!.. [She's only an IP specialist..pffft]

...Yep, no worries.

No hard feelings mate, this is a forum, people are here to learn and offer suggestions. I apologise if you are a lawyer and specialise in Australian intellectual property... my bad, but otherwise - it's all good eh.

Sime.

I am into stock photography,and the agencies have tightened up submission rules so that,even from the back view of a person,that person could possibly recognise themselves, and a model release is required-the agencies are covering their asses. Ken

[SJRosa]

Hello, So I have a question! I had a photoshoot on Sunday with a mother and daughter. Okay I was able to shoot the daughter. But the mother and me decide it was to hot and that she would take the daughter home and we would do her shoot later at a different location.

The mother never showed up and I waited for a hr at this location when the time came. Now the mother emails me saying she doesn't want me to use the images from the morning shoot with her daughter at all in any way.

And she is emailing as if I was the one who never showed up at the shoot, and saying I play games. So I am being professional and not argue with he woman b/c I know she did not come because I waited there for an ENTIRE HOUR not moving from the location we were suppose to meet. Now my question is am I not allowed to use her daughters images for my portfolio? She was suppose to sign a model release at the meet she never showed to.