Getting permission for photos

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Getting permission for photos

Postby BarbaraC » Tue Sep 02, 2008 9:16 am

We've had a lot of discussion about music copyright, but DickK brought up something that's been spoken of very little: the need for signed releases from people we photograph and whose images are then used in their shows. Here's a shortened version of what I found on a legal site:

Photos of Individuals & Release Forms
(1) Obtain a written release from any recognizable individual. If the person is a minor, get parental or guardian consent.
(2) Releases are generally not required from people in a photo of a street or public place as long as the photograph is related to the subject matter, which means that the identifiable people aren’t the focus of the photograph. Example: photograph of a train station where the picture will be used in a tourist bureau’s brochure.
(3) To go without obtaining a release, the photo must have been taken without trespassing on private property and without violating an individual's rights involving privacy or publicity.

Photographs of Property
If a photo of private property is taken while you’re on public property or on property that is open to the public, you can use the picture without permission from the owner of the property, but with these exceptions:

(1) Artwork in a museum, gallery, or other location.
(2) Well-recognized product where the manufacturer has been litigious about commercial use of photos containing its product (Harley Davidson, for one).
(3) A building whose design is trademarked (Rock and Rock Hall of Fame).
(4) A famous pet (Lassie).
(5) Interiors of private buildings (your next-door neighbor).
(6) Personal property such as clothing or jewelry that could identify an individual.
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hootowls

Re: Getting permission for photos

Postby hootowls » Tue Sep 02, 2008 10:28 am

I wanted to add a link for release forms, but most seem to deal with video, not photos.

This is an appearance release from the TV channel Current:

http://i.current.com/pdf/release.pdf

This is a location release again from Current:

http://i.current.com/pdf/location_release.pdf

I attended a meeting with my daughter about Current last weekend and they referenced these forms.

I did a Google search and I was surprised to see every form I found was very different. There does not seem to be a standard...

hootowls

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Re: Getting permission for photos

Postby BarbaraC » Tue Sep 02, 2008 10:56 am

Yes, the forms can be very different because they depend on who's using the forms, but here are two sources that might work for people:

MS Word template:
http://office.microsoft.com/en-us/templates/TC060870551033.aspx?CategoryID=CT062100661033

Downloadable kit:
http://www.diyplanner.com/templates/official/misc/photorelease

Barbara
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Re: Getting permission for photos

Postby DickK » Tue Sep 02, 2008 12:24 pm

Don't know this guy but he shoots nice pictures and has a lot of practical information on the site including the whole issue of model releases.
http://www.danheller.com/bizfaq.html

Bottom line seems to be that most of the time you won't need it but having it will increase the commercial value of a shot if you intend to sell it. And all stock photo agencies will require them, needed or not.

Dick
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Re: Getting permission for photos

Postby BarbaraC » Tue Sep 02, 2008 1:06 pm

Then there's this from his site:

"It's the publisher of an image that carries all the liability. Yes, whoever it is that puts the image into use needs to have the photo released."

We're the publishers unless we sell a show that will be seen in some public venue such as on TV or behind a rock star on stage or whatever else I'm not currently thinking of.

Most of the sites are for photographers who are selling their photos to magazines, which always require release forms. They haven't yet begun to think about the ever-growing number of slideshow producers. We really are a rather new phenomenon. Photodex is fully aware of their liability, and you can't slip one by them in their monthly contests. Picture of a person in it? If it isn't you, you better have a signed release or you're out of the running.

Barbara
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