Dance images copyright and selling rights

[Family First]

I've photographed quite a few dance recitals that were open to the public at a public performing arts theater.

Do I have the right to:
1. Display the images in my studio gallery?
2. Sell as stock photos?

Do I need to:
1. Get releases? I don't know how to contact most of the subjects.

 

[mwcfarms]

I contacted the owner/instructor of the dance company and got permission that way. I would not display them without permission if they are minors.

 

[Family First]

Verbal or written permission (legal release)?

Thanks for responding...this has been one of those questions that hold me back from moving forward.

 

[KmH]

I've photographed quite a few dance recitals that were open to the public at a public performing arts theater.

Do I have the right to:
1. Display the images in my studio gallery?

Yes, because that would be an editorial use, not a commercial use. You need to understand the differences between the definitions of editorial use and commercial use. They are not as obvious as many would suppose.

2. Sell as stock photos?

Few photographers sell stock photos. What they do is upload photos to a stock agency, and only make money if someone licenses one of their photos from the stock agency. Most stock agencies will only acccept photos with people in them, that are accompanied by a legally executed model release. Frequently Asked Questions | iStockphoto.com
Articles - iStockphoto Photography Standards: Model Releases | iStockphoto.com

Do I need to:
1. Get releases? I don't know how to contact most of the subjects.

Only for photos you intend to self-publish, or use commercially, or that would be published or used commercially by a 3rd party (stock). Selling prints directly to individuals is not a commercial use.

US Copyright information is found here: www.copyright.gov.

Model/Property release info can be found in the inexpensive book: A Digital Photographer's Guide to Model Releases: Making the Best Business Decisions with Your Photos of People, Places and Things

Online is not a good place to be seeking legal advice. Model release statues vary by state, but copyright law is federal law.

Verbal permission is essentially useless.

 

[tirediron]

A verbal release is only as good as the paper on which it is written. In many cases even if you don't need a release from a strict legal stand-point many stock companies and contest holders will demand one anyway. In this case if the event was held at an 'open to the public' venue and photography was not restricted in any way, than you may be all right from a purely legal stand-point for display on your website only, however, ESPECIALLY when dealing with minors, it's always best to cover yourself. Short answer? I probably wouldn't do anything without a release.

 

[mwcfarms]

Written.

 

[Family First]

Thanks Keith,

Your comments have been most informative. I've learned quite a bit about subjects I was unfamiliar with. I have since purchased "Best Practices for Photographers" by John Harrington. It's a book with an all business orientation. If Model Releases are not adequately covered, I'll purchase your suggested guide.
I agree with you Re: seeking legal advice online but thanks to people like you I can learn enough to articulate my needs better when I seek legal assistance.

Regards

 

[Family First]

Thanks, John.

Your advice is right on. I've already printed some model releases for friends and family to sign.

Your images on your website are great. I've never heard of a Christmas light truck parade. Enjoyed all your other images as well.

Regards.

 

[Family First]

Thanks for contributing to my questions. I'm going to the dance studio to see if the studio owner will help me identify some of the dancers in my best images. Hopefully, I'll be able to obtain authorizations.

Regards.

 

[KmH]

John Harrington's book (and his web site www.johnharrington.com is geared more to commercial photography than it is to retail photography, but the mind set he conveys is valuable to any working photographer.

Another good photography business book is produced by the American Society of Media Photographers www.ASMP.org
ASMP Professional Business Practices in Photography, 7th Edition
and there is some good business information and a plethora of contact information for selling photos in:
2011 Photographer's Market

 

[Paul D. Van Hoy II]

Wonderful questions - the answer is that yes you will absolutely need individual releases from each individual dancer (model), and if they're under the legal age of 18, you will need their parents consent/signature for proper legal release. You should be able to at least display the images without obtaining releases, But to err on the safe side, again... depending on the age of the dancers, you might want to avoid any parental backlash by keeping them in your personal/private portfolio until or unless you procure those releases. In all instances of monetary gain made from an image where a model's identity can be clearly discerned/recognized, you will always need a release from that person or persons pictured in the photo.

Paul

Toronto Wedding Photographer

 

[KmH]

In all instances of monetary gain made from an image where a model's identity can be clearly discerned/recognized, you will always need a release from that person or persons pictured in the photo.

That is not a true statement, here in the USA anyway.

Selling printed images with people in them to individuals is an editorial use, not a commercial use, and is not considered publication even though monetary gain is involved. Most editorial uses don't require a model release.

This very issue is why I mentioned, "You need to understand the differences between the definitions of editorial use and commercial use. They are not as obvious as many would suppose."

A model/property release is usually not needed to protect the photographer. The model/property release is for the protection of the model and the publisher of an image. Sometimes the photographer is also the publisher.

Model release laws aren't as cut-and-dried as, say, traffic laws.

I want to add some notes about , "where a model's identity can be clearly discerned/recognized".
That doesn't require a face, and it's generally the model that makes the initial determination. For example, an image of someones forearm, but there is a small scar. The scar may be enough to make the person recognizable enough to necessitate having an model release on file.

 

[Family First]

Paul, I may be doing some shoots in Ottawa (I grew up on the American side of the St. Lawrence approximately an hour away from Ottawa) this summer and I'm wondering if you are referring to releases for commercial sales or if releases are required for photos of individuals that will be sold to that individual? Would you please clarify that point for me? I'm not familiar with Canadian law.
Thanks

 

[Family First]

Hey Keith...thanks for the info on the books. I looked at both table of contents in the best practices books and also the reviews which led me to choose the one over the other. After looking over the one I purchased, I'll most likely invest in the others as well. Thanks for your informed referrals.

 

[Paul D. Van Hoy II]

I am actually a dual resident - originally from the USA.

I have been licensing and selling stock photography for over a decade with every major stock agency in the US and abroad and I can tell you that ANY image from which a monetary gain is made and the subject/s (model/s) pictured in the photograph are recognizable, you better have a release - period.

Unless you have an exceptional attorney, unlimited resources, and enjoy spending time in courtrooms - you will want to get releases from any subject visible from the waist up.

Arguing the semantics over what is commercial versus what is editorial is a moot argument. When $$$ is made - it's all commercial, and all it takes is one of those persons pictured in your photo getting riled up over royalties and slapping a lawsuit against your studio.

So unless you like to gamble, I'd suggest playing it safe and staying out of court altogether.

Paul

Toronto Wedding Photographer