Would client need release to submit engagement photo to newspaper?

Discussion in 'General Shop Talk' started by jess28, Jul 23, 2009.

  1. jess28

    jess28 TPF Noob!

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    This hasn't come up yet, but I'm trying to think through any possible problems I can forsee.

    If I do an engagement or wedding portrait and the client wants to submit the portrait to the local paper for printing in the engagement and wedding section do they need a release from me to do so?

    I looked on the newspaper's site and found the form they need to submit, however it does not mention a release. I'm not sure how this is typically handled though.
    Thanks!
     
  2. CygnusStudios

    CygnusStudios TPF Noob!

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    A lot of newspapers and magazines are requiring releases more and more often. First it protects them (even when they don't need it) and secondly it allows them to use the image when they may want it at a later date.
     
  3. tirediron

    tirediron Watch the Birdy! Staff Member Supporting Member

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    For the 'letter of the law' answer, you'd need to consult with a copyright lawyer in your area. The newspaper may require one just by way of a blanket policy on the publication of third-party photographs, but I would consider that using the images as part of a newspaper announcement is a fair and reasonable use.

    Certainly if a client asked me for permission to do this, I would provide it to them without hesitation.
     
  4. jess28

    jess28 TPF Noob!

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    Thanks for the replies!
    I would absolutely give permission, I just didn't know if it was necessary.
     
  5. HeY iTs ScOTtY

    HeY iTs ScOTtY TPF Noob!

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    why would you even ask if your the photographer and you would give permission. just do it. :meh:
     
  6. jess28

    jess28 TPF Noob!

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    Scotty- I was asking because I'm putting release forms together and wanted to know if I even needed to bother printing that one.
     
  7. CygnusStudios

    CygnusStudios TPF Noob!

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    A general release for non-commercial usage would cover newspaper announcements without causing an issue.
    I give a standard non-commercial release to all of my non-commercial clients whether they need it or not. Just standard procedure.
     
  8. musicaleCA

    musicaleCA TPF Noob!

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    A newspaper is editorial. Images put in newspapers in the US (and other editorials or news services) are protected under the First Amendment. In Canada, they're protected by the Charter of Rights and Freedoms. In the end, you don't need the release for anything put in a newspaper for editorial purposes.

    Not that you should do away with covering your butt throughly. I'm just saying.
     
  9. msf

    msf TPF Noob!

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    Do any of you charge extra for this? Or get them to buy a digital print of the file to be used?
     
  10. jess28

    jess28 TPF Noob!

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    MSF- I wouldn't charge extra, because as it was explained to me here it falls under reasonable use. I actually decided to offer this as part of the engagement session (with the disclaimer that I cannot guarantee it will appear as our paper does them on a first come first served basis for free) Most seem to think of it as a nice perk.
     

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