Model release for candids?

Discussion in 'Photographic Discussions' started by Dmitri, Jul 18, 2010.

  1. Dmitri

    Dmitri No longer a newbie, moving up!

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    What kind of model release (if any) would be needed to sell candid shots taken in a public place?

    For example, say I'm somewhere and get a shot of a fisherman at night, his face clearly visible. I know I would need some sort of consent before offering it up for sale but would I need the standard model release form, or is there a different one when it isn't an actual modeling session?

    Thanks.
     
  2. Robin Usagani

    Robin Usagani Been spending a lot of time on here!

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    You dont need any.. Thats why people buy people/US magazines LOL.. A lot of those shots.
     
  3. Dmitri

    Dmitri No longer a newbie, moving up!

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    Those are celebrities.
     
  4. Robin Usagani

    Robin Usagani Been spending a lot of time on here!

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    What makes celebrities any different? Paparazzi take those photos without their permission with super long zoom lens.

     
  5. Petraio Prime

    Petraio Prime TPF Noob!

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    You need model releases for commercial use of the photos (ads, etc). None is required for 'editorial' use.
     
  6. Dmitri

    Dmitri No longer a newbie, moving up!

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    Gotcha. If I wanted to sell a photo of a candid as "art", would I need a full on model release or is there something less?
     
  7. KmH

    KmH Helping photographers learn to fish Supporting Member

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    It depends where you are, and in your profile you don't say which country you're in, so asking for legal advice online is not real smart.

    In the US model release law varies by state.

    Generally speaking, how a photo is used determines if a model release is needed.

    If people in a photo can be perceived as endorsing or sponsoring your photography business, if the photo was made under controlled conditions, or if the photo will be used by a 3rd party for the promotion of some other business, you need a signed model release.

    Here is the kicker.

    The model release is for the legal protection of the people in the photo, and the publisher of the photo. The photographer is usually not the publisher of a photo.

    Selling a single print, as a work of art, to a private buyer is not publishing, nor is it considered a commercial use of the photo.

    Using a photo of recognisable people in it in your portfolio, or on a web site for self-promotion are also not considered commercial uses, but the 3 conditions mention above: endorsement, sponsor, 3rd party use, are.

    I recommend the book: A Digital Photographers Guide to Model Releases by Dan Heller.
     
    Last edited: Jul 26, 2010
  8. CWyatt

    CWyatt TPF Noob!

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    Hit the nail on the head there.

    Often local professional photographer organisations will have help guides regarding FAQ like these.
     
  9. Dmitri

    Dmitri No longer a newbie, moving up!

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    Thanks KmH! As I understand it, as long as I sell it for "art" it should be okay, but I can't liscence it out or something. Great info as usual!
     
  10. Garbz

    Garbz No longer a newbie, moving up!

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    For the most part that is it. But again as KmH says laws do vary by state. I know here locally in Australia a model release is required for an image to be used for commercial purposes.

    It's ok to do whatever you want with the photo of that person you took as long as it does not endorse a product. You could even put it in an ad on TV providing the ad isn't advertising something (not that anyone would be stupid enough to do something like that).
     
  11. Rosshole

    Rosshole TPF Noob!

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    I was just discussing Model releases this morning. I took some pictures over the weekend for a nonprofit/charity at a race/triathlon of team members racing in the charity uniform. The pics will be used in a web newsletter and maybe other things in the future. We are probably going to need to get a handful of signatures...
     
  12. CWyatt

    CWyatt TPF Noob!

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    This part sounds like it's only editorial use, and wouldn't require a model release (obviously depending on laws where you are).
     

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