Candid street/event photography & media releases

[Kydahl]

As an approach to get more exposure for my business, I have this idea of being down town with my camera ready to snap photos of people in exchange for a business card & an invite to "check out my website." Or even at events, such as parades, street fairs ect. I've even heard of some photographers hanging out at pumpkin patches & offering to snap a family portrait & exchanging their business cards, encouraging them to "check their website to see their photo posted."

My question is, when photographing an event or a portrait that you have not been contracted for, is it mandatory to have some kind of model/media-release consent in order to post the image on your website or social media?

I picture this really uncomfortable experience of walking around with a clipboard of model releases at a parade "hey you might be in this photograph please sign this." lol

 

[KmH]

An online photography forum is not a reliable place to be seeking legal advice.
You should instead consult with an attorney familiar with publication and model release law.

It would be prudent to have a valid, signed model release to use any person's likeness to promote your business.
Photographers are allowed to use photos of people not shot under controlled conditions or in private for self-publication and self-promotion.
At a pumpkin patch, having a person or a family pose for a photo would constitute 'controlled conditions' and you would want valid model releases on file if you want to use those images on your web site or to promote your business on social media.
Candid photos made of people at a parade or a street fair probably would not need to be released.

In the case of a family you need a release signed by each adult, and an adult has to sign a release for each child.

However, model release law and the concept of 'recognizable' are not as cut and dried as laws like traffic laws.

Having a photography business it is wise to be well informed about model release law in your state and to be well informed about copyright.
I highly recommend you get and study the information in this book:
A Digital Photographer's Guide to Model Releases: Making the Best Business Decisions with Your Photos of People, Places and Things

 

[beagle100]

As an approach to get more exposure for my business, I have this idea of being down town with my camera ready to snap photos of people in exchange for a business card & an invite to "check out my website." Or even at events, such as parades, street fairs ect. I've even heard of some photographers hanging out at pumpkin patches & offering to snap a family portrait & exchanging their business cards, encouraging them to "check their website to see their photo posted."

My question is, when photographing an event or a portrait that you have not been contracted for, is it mandatory to have some kind of model/media-release consent in order to post the image on your website or social media?

I picture this really uncomfortable experience of walking around with a clipboard of model releases at a parade "hey you might be in this photograph please sign this." lol

if you sell pics for a profit then yes, you will need a "model release"
sharing pics on FB, tumbler, Flickr, etc. - probably no

 

[The_Traveler]

if you sell pics for a profit then yes, you will need a "model release"
sharing pics on FB, tumbler, Flickr, etc. - probably no

Unfortunately, not true.

I suggest reading this column from ASMP

Frequently asked questions about releases | American Society of Media Photographers

or


Dan Heller's Photography Business Blog: Busting Myths about Model Releases

 

[vintagesnaps]

I would follow guidelines from ASMP or other professional photographers organizations like PPA. Or have a lawyer look at your releases etc.

I've seen the other link before Lew, and I don't think all the info. is necessarily consistent with best practice or industry standards; I think it seems more about selling books (links go to his own books). Some of that info. does not seem accurate and basically, a legit publication may not use a photo without a release because they won't want the liability. So not getting releases could limit how a photographer could use or license their photos. Typically for editorial use a release is not needed but it may be requested, particularly from a photographer they haven't worked with before. (How do I know that and someone writing books doesn't??)

 

[vintagesnaps]

As far as the OP, this seems to be about marketing your photography business. If you're at an event you'd need to find out from the organizers what's allowed. For example, if there's a craft show at the pumpkin patch they may allow people who rent tables to give out their business cards along with selling their crafts (which could include photos). Otherwise I don't know that they'd allow people to give out info. to attendees.

They may allow people attending the event to take pictures. How you use the photos usually determines if a release is needed (if it's for retail or commercial use).

It doesn't seem practical to do with a parade, you not only might need releases signed but may have a problem if you keep trying to approach people in the parade, during the parade (while it's moving down the street). Then how would you get photos to them later? It might be better to find out if the organization running the parade would be interested in any photography services, and be prepared with a portfolio.