Galleries and personal work

Discussion in 'Commercial/Product photography' started by kidwithacamera, Sep 19, 2010.

  1. kidwithacamera

    kidwithacamera TPF Noob!

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    I shot a model awhile ago but we had a falling out before i was able to get a release of any sort from her.
    I love one of the pieces and would like to use it in my personal collection for a gallery. It would be untitled and not for sale and there's no nudity or offensive material. I'd like to know - as a photographer am i protected legally in doing this?

    Thank you.
    -J

    [​IMG]
     
  2. KmH

    KmH Helping photographers learn to fish Supporting Member

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    How an image was made and how it will be used determine if a model release is needed.

    A model release protects the interests of 2 parties:
    1. the model
    2. the publisher
    Notice the photographer is not even mentioned, however sometimes the photographer becomes the publisher of an image.

    At this point the question then hinges on: What constitutes publishing?

    Personal use, is not publishing. But, you also need to be aware there are 2 kinds of publishing:
    1. Commercial
    2. Editorial
    Understanding the differences is not an easy task.

    There are also considerations for self-publishing and self-promotion.

    I recommend you get the book: A Digital Photographers Guide to Model Releases by Dan Heller

    You can visit Model Release Primer and get a less detailed version that may, or may not answer your questions.

    Be aware that model release requirements and 'right of publicity' laws vary by state.

    At any rate - seeking legal advice in online discussion forums is not recommended since there is a TON of legal urban legend floating around, so you really should consult with an attornet familiar with this sub-specialty of law (publishing and releases).
     
  3. David Dvir

    David Dvir TPF Noob!

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    I know up in Canada, the photographer generally has full rights to an image. If it's for commercial work than a release is needed. However you're free to use it in your portfolio.
     
  4. KmH

    KmH Helping photographers learn to fish Supporting Member

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    Didn't Canada recently, (or is still in process of) revamp their copyright laws?
     
  5. David Dvir

    David Dvir TPF Noob!

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    Not as of yet, as far as my knowledge goes. Although I do attempt to stay on top of it, still I could be wrong.
     
  6. dubaifor

    dubaifor TPF Noob!

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  7. LearnMyShot

    LearnMyShot TPF Noob!

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    NO....no release no publication.....you can get sued
     

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