Photo Release Form Questions.

[kristyj]

I would like to know if I need a lawyer to look at the photo release forms that I am gonna print out for my clients. I am a freelance photographer and I have currently been taking photo sessions of my friends and their families. My business however, is beginning to pick up. I do the photo sessions in my home but I need to know if I need to see a lawyer about these release forms, I saw that mentioned online then other websites didn't say I would need a lawyer. Thanks to anyone who can give me this answer.

 

[radiorickm]

ummmmm...yes you need a lawyer to look at them, BUT if you are not going to sell them to someone for advertising purposes, you really don't need a release form. There are several threads in the last couple of weeks. Check them out.

 

[kristyj]

No, I am not gonna be selling the photos to anyone. They will be only displayed on my website and Facebook, most of the clients are on my Facebook anyway but I will need their permission to use them on my website. Also, some photos will be on ads that I am putting up around towns, will I still need release forms for ads and my website portfolio?

 

[tirediron]

Do you need to see a lawyer? Absolutely not. Should you? Most definitely. Are you talking about a usage/rights licensing statement or a model release? A model release may well be the single document between you and losing a very expensive lawsuit. This is in the same category of false economy as putting a $10,000 body & lens combination on a $20 Wal-mart tripod.

I'm curious - how much business liability insurance do you carry?

 

[tirediron]

What you are talking about is a rights/usage license. You don't normally need a model release unless you are going to be using the images for commercial work. The rights/usage license that I give my clients states that I reserve the right to use the images for non-commercial work including, but not limited to .... and self-promotion. Advertising my own business comes under self-promotion. Laws in your region may differ.

 

[kristyj]

It might not be a model release form that I am talking about. I am only wanting a form that will give me written permission that I may use some of the photos on my website portfolio. I will not be selling any of the photos to anyone. They will only be on my website.

 

[kristyj]

Yeah, that's what I will need. How do I get one of these forms for usage of their photos? Can I make my own or can I get one somewhere online?

 

[Rosshole]

ummmmm...yes you need a lawyer to look at them, BUT if you are not going to sell them to someone for advertising purposes, you really don't need a release form. There are several threads in the last couple of weeks. Check them out.

But if you are going to sell them for advertising purposes, having the release will make your life much easier.

 

[kristyj]

Very true, I have no plans to sell my photos for advertising. I would just like a consent form where I have people's permission to use them on my website portfolio. And need to know where I can get this kind of form.

 

[christian.rudman]

I just use istockphoto's release forms, pretty comprehensive and they look nice. ASMP is also a good resource for forms and general rights/law info. Google both and see what works for you. The istockphoto should just pop up with a pdf of the release form. It never hurts to have a little insurance between you and a client, and you never know when you might actually decide to sell a photo. You do not want to have to ask for the form later on, because they will start demanding to know how they will be compensated for the sale. You can avoid any issues like this with just taking care of it up front.

For reference, see the recent PDNonline.com article about Vampire Weekend's counter-suit against the photographer responsible for their recent album art.

 

[KmH]

I will not be selling any of the photos to anyone.

:scratch: Interesting business model.

I am wondering - how does your business make money?

 

[KmH]

An online photography forum is not a good place to be seeking legal advice.

When you self-publish photos by putting the photos on the Web, in a catalog, in a portfolio, or make the photos available for sale or licensing, it is not considered a form of commercial use that requires a release from the subjects in the photos.

An exception is, if the people in the photos can be perceived as sponsors or advocates of your business, you would then need a properly executed release from anyone in the photos.

Model release law varies by state. The releases you have been refered to at iStockphoto and ASMP are written in a way that heavily favors the photographer.

Ideally, your model release should be a clause embedded in your contract, and not a separate document.

 

[kristyj]

Thanks for the information Rudman. I just Googled some forms that will work for me.

KmH - I make money by the clients who come to me for photo sessions.

 

[christian.rudman]

Good to hear Kristyj. Happy shooting!

 

[KmH]

...
KmH - I make money by the clients who come to me for photo sessions.

So, you give the photos away that you make during a photo session?

Sorry, I can be dense sometimes. I still don't understand "I am not gonna be selling the photos to anyone".