Do I need permission forms signed?

[skraller]

I do some work for a local magazine and just got a call about shooting for an editorial about a local pizza place tomorrow. There will be numerous customers in there at the time of the shoot and I've never dealt with needing permission forms being signed. Or do I even need to?

If I do need to have them signed, how do I approach it? Do I get get everybody's attention and explain whats happening? Go around table to table?

I did a history search on this topic and they were all pretty old, so I wanted to do an update.

 

[table1349]

What does the magazines lawyers say about the issue. They will be the ones defending any legal action if you/the magazine screws it up.

I have always lived by the following motto:

Never play cards with a man called Doc.
Never eat in a place called Mom's.
Never hire a lawyer to photograph your wedding.
Never ask a photographer to defend you in court.

When to Use a Release

 

[Designer]

Well....we don't know where you're located, so better talk to your editor, as he knows the local rules better than we do.

If I were going to do this (in Iowa) I would not ask anybody to sign anything. Editorial use is fair game (in Iowa) for anyone who is out in public.

I would probably talk to anyone there to tell them the reason for the photos, which magazine, and if they don't want to be in the magazine, I would not submit those photos to my editor out of common courtesy.

 

[table1349]

Well....we don't know where you're located, so better talk to our editor, as he knows the local rules better than we do.

If I were going to do this (in Iowa) I would not ask anybody to sign anything. Editorial use is fair game (in Iowa) for anyone who is out in public.

I would probably talk to anyone there to tell them the reason for the photos, which magazine, and if they don't want to be in the magazine, I would not submit those photos to my editor out of common courtesy.

We got an editor???

 

[Designer]

We got an editor???

"Y" did you miss the "Y"? Heh?

Sometimes I get ahead of my copy editor and post before proofing.

 

[table1349]

We got an editor???

"Y" did you miss the "Y"? Heh?

Sometimes I get ahead of my copy editor and post before proofing.

You can't sell that one. That's why I replied to your post instead of responding. The missing Y is saved for posterity or posterior. Which ever one you want to pick.

 

[Designer]

Which ever one you want to pick.

Uhh... see... I was uhh... busy picking my nose when the computer just posted my INCOMPLETE and UN_PROOFED post all by itself. Yeah, that's the story.

 

[table1349]

Which ever one you want to pick.

Uhh... see... I was uhh... busy picking my nose when the computer just posted my INCOMPLETE and UN_PROOFED post all by itself. Yeah, that's the story.

 

[Designer]

 

[vintagesnaps]

You bunch o' nuts!

Anyway... usually the guideline is that a release isn't necessary for editorial use (magazines, newspapers), but releases are needed for commercial use (advertising, etc.) or retail use (on T shirts & mugs, etc.).

There wouldn't be an expectation of privacy in a restaurant (and I presume you don't plan to follow people into the restrooms to take pictures where there would be an expectation of privacy). As long as the magazine has notified the restaurant that you'll be coming in to shoot for the magazine I wouldn't think there should be a problem.

Take a look at American Society of Media Photographers - Homepage - it's a pro photographers organization, and the website was changed recently so I don't know offhand where to tell you to look for info. on releases. They used to have a sample model release form available on their site and a 'pocket' release, as well as an app. I don't think you'll need one for this shoot but you might want to look into it for future reference.

 

[Gary A.]

If you're shooting in the USA and for 'editorial' content, (as opposed to commercial content), no releases are required.

 

[skraller]

I went in today and had no problems with anything. I printed out some documentation to take with me stating that editorials were free from needing releases, and took some release forms in case someone needed more formality to be at ease.

Thanks all

 

[KmH]

There is no location info in your profile.
US Federal copyright law applies equally to all states in the US.

Model release law is state law (50 versions) and is not anywhere close to being as cut and dried as laws like traffic laws.
Here is the best guide I have ever found:
A Digital Photographer's Guide to Model Releases: Making the Best Business Decisions with Your Photos of People, Places and Things

It all boils down to how images with people in them are used, editorial use or commercial use, by the magazine and the release and publication laws of the state where you are.
But, the publisher of images with people in them is the entity that needs to be concerned about releases.
Sometimes the photographer is the publisher, and is well advised to have valid signed releases on file.

Since the photographer is there at the time the images are made it is easiest for the photographer to get releases signed.
Imagine the magazine trying to track people down days after the shoot to get them to sign a valid model release.

Indeed, when the photographer can provide images of people that are accompanied by valid signed releases the images are worth more than if the photographer didn't get signed releases when the images were made.