Release for portraits?

[Dmitri]

When taking portrait shots, like senior portraits or portraits of kids, stuff that doesn't involve models - do I still need to get a release form signed? And if so (I would think so), what kind? The standard model release form or a specialized one?

Thanks

 

[Joey_Ricard]

Are you selling these images to someone other than the person for whom you are doing the shoot? Do you plan to use them in some format or fashion for the intent on commercial gain?

Or are you talking about just shooting a portrait for the person or family and providing them with copies or prints?

 

[KmH]

What country is 'End of the line' in?

Model release laws vary by state, and are not as cut and dried as laws like traffic laws. How an image gets used, and how it was made determines what needs a release.
A release is needed by the publisher of an image, not the photographer. However, the photographer could be the publisher of an image and at that point would want to have a valid model release on file.

Minors, like high school seniors, need their parents to sign a release if one is needed.

There is one form of self-publishing that does not generally require a release - self-promotion.

When you put your images on the Internet, in your portfolio, in a catalog used for self-promotion, or make the images available for sale or licensing, that type of self-publishing is not generally considered a form of commercial use that requires a release from any people in an image.
However, if people in the images can be perceived as being an advocate or sponsor of your business, you would want to have a properly executed release on file.

Another important consideration is how a image was made. Was it a public setting, or was it done in private? Was it for money? Those an many other considerations can trigger the need, or lack of need, for a release.

In short, it's best to consult with a qualified attorney familiar with the requirements wherever you are, rather than relying on legal information gleened in an online photography forum.

 

[Dmitri]

Yes, exactly. If I take photos of someone paying me for portraits of themself (not a model), but I might want to use those photos for a portfolio, website to advertise my services, that kind of thing. Not for stock photography and such. Do I need a release, or contract, or some such?

Or even in general, now that I think of it, if (for example) I will take portraits of someone for $50 session fee + $10 per print - do I need to have any of this in writing somewhere, or is it common to just handshake and nod?

 

[tirediron]

Yes, exactly. If I take photos of someone paying me for portraits of themself (not a model), but I might want to use those photos for a portfolio, website to advertise my services, that kind of thing. Not for stock photography and such. Do I need a release, or contract, or some such?

Or even in general, now that I think of it, if (for example) I will take portraits of someone for $50 session fee + $10 per print - do I need to have any of this in writing somewhere, or is it common to just handshake and nod?

Are you serious???? Please, please, PLEASE tell me this is a bad joke.

 

[Dmitri]

Which part do you have a problem with? The hypothetical pricing or the question itself?

 

[raider]

yes. how long you been in 'business'? this should be the first thing your lawyer covers with you. well, maybe second.

 

[Tony S]

Better get a contract written up that includes a release in it. This way the customer knows what they are getting and there is no confusion between the two of you as to what was agreed on. Usually for a release there needs to be something of value given in exchange for the release, include that in the release.

Ohh, and if you are using an Iphone or one of the other smart phones there is an app for releases. The nice thing is as soon as the release is signed, you attach a phone picture of it to it and then email a copy to the client so they have a copy of it too. It works great for keeping track of things on paper and visually.

 

[tirediron]

Which part do you have a problem with? The hypothetical pricing or the question itself?

I don't have a "problem" with any of it. I'm just amazed that you consider doing business on a hand-shake. How does your client know what they're getting? How do you know what they're getting? What if they "remember" a different price or set of deliverables? How do you manage your book-keeping and taxation reports?

Don't misunderstand me, I applaud you for being willing to trust your clients (I mean that seriously NOT sarcastically), but the simple fact is, you cannot run a business on a hand-shake in this day and age.

 

[Dmitri]

ok, that was my question. I've only ever taken pictures for fun and as favors, and want to start making some money now and then. I guess I need a contract then. Thanks.

 

[CCericola]

Dmitri, you can email me at [email protected] and I will send you a copy of my contract so you have something to go by. It has been gone over and customized for NJ by a lawyer but you can take it to a lawyer in your state and have it tweeked. Much cheaper than having a lawyer draw one up from scratch.

Just always get a release, then you are always covered. If you take some photos and the client does not want them on the internet I just hand write it on the contract and initial it. If they don't want them on the internet it is ok. There will be other shoots you can use. Word of mouth is a powerful force in the photography business.

 

[aohara2001]

Always have them sign a contract that contains a model release. If you have not looked into becoming a member of the PPA, perhaps it's worth a look - they have many resources, forms and advice for photographers getting into the business.

 

[Dmitri]

Will do, Allison, and thanks again Christina

 

[ceejtank]

Hi Christina,

I just sent you an email on this topic as well hoping to get an example of the contract for my own uses. I am photographing a few events for a friend and some pay, and want to put it in writing just so we both know what to expect/what we are getting. Thanks in advance (I hope!)

 

[StudentofPhotography]

I just recommended the below site elsewhere too, it is comprised of actual legal forms for our business - like a LegalZoom for photogs. They have Model Releases, Wedding Agreements, Portrait Agreements, Second Shooter Agreements, from a glance anyhow. Photography Legal Forms: CreatePRO LEGAL FORMS

I would still having an attorney review anything I used, but a simple handshake is a deal these days. I have close friends sign something and if I intend to use photos during the session on my website, I want that release in a file. Good luck growing your business