Rights for selling Amish Prints

[jwphotographyinpa]

Hello! I'm new here to the forum. I'll be glad to post my introduction, but I have a question that I need answered A.S.A.P. ... I took some pictures of an amish girl, I have people who really want to buy a framed print of it. Can I lawfully sell them a print??

I normally do photo sessions, etc. - I'm not so much a "free lance" photographer (if that's what you want to call it). So I've never sold my prints to the public before - just to the people who's picture I've taken. I'm interested in getting into selling amish prints and nature prints. But I want to be sure that I won't get into some kind of trouble for doing it.

So anyone know anything about this issue? I know that photographers everywhere sell amish prints, etc. But are they doing it lawfully ... or are they just taking their chances and risking it?

 

[KmH]

Be aware, legal advice you get in an online photography forum is not reliable.

Your profile doesn't indicate what state you are in. Model release law varies by state.

You need to consult with an attorney licensed to practice in your state, who is also familiar with the laws applicable to your specific situation.

In general, if you made the photos of the girl under controlled conditions, or in private, you would be well advised to have a properly executed model release on file for any images of the girl you sell.

Model Release Primer

 

[jwphotographyinpa]

Be aware, legal advice you get in an online photography forum is not reliable.

Your profile doesn't indicate what state you are in. Model release law varies by state.

You need to consult with an attorney licensed to practice in your state, who is also familiar with the laws applicable to your specific situation.

In general, if you made the photos of the girl under controlled conditions, or in private, you would be well advised to have a properly executed model release on file for any images of the girl you sell.

Model Release Primer

Thanks! I'm in PA ... and this was in public at a local greenhouse. Not a private session. Just a shot I snapped when buying flowers.

 

[c.cloudwalker]

Now that we know how it was shot, what is important is how it would be sold.

As art or as editorial work you don't need a release. If you're selling it to someone who is going to turn it into an ad a release is needed. But it would be the job of the person you sell to to make sure there is a release...

 

[imagemaker46]

I agree with cloudwalker on this one, it was shot in a public place and as long as it's not being used for a commercial purpose(advertising) and the girl is underage( someting that everyone should watch regardless of the image) There should be no problems selling it for someone as a personal use photo.

 

[jwphotographyinpa]

Thanks! My intentions for it are solely art - not advertisement purposes. I have people wanting to buy it and hang it on their wall.

Here's the photo :

 

[j28]

Moreover, the Amish believe that photographs in which they can be recognized violate the Biblical commandment, "Thou shalt not make unto thyself a graven image." They want to be remembered by the lives they lived and the examples they left, not by physical appearance.



Just as the Amish do not carry personal photographs or display them in homes, they do not want others to take photographs of them. Many visitors to Lancaster County, find it difficult not to do so. Yet, if there is one that appears to frustrate the Amish, it is tourists attempting to take their picture. Please follow our lead in taking no photographs in which faces are recognizable. Refraining from taking photos is more than just a courtesy; it's a respect for our Amish neighbors and their way of life.

Amish and Photographs

You might not be aware of this.
Out of respect for their beliefs it is not an image I would sell.

 

[jwphotographyinpa]

Thanks for the info. And actually, I was aware of this. But all amish are not the same ... which is why I talked to the mother of the girl in the photograph and showed her the picture and the mother loved it and asked me if I could give her a print of it. So the amish family of this little girl apparantly do not share those beliefs. She asked if she could BUY a print of her girl - but I told her I would gladly give her a print.

 

[manaheim]

Be aware, legal advice you get in an online photography forum is not reliable.

Your profile doesn't indicate what state you are in. Model release law varies by state.

You need to consult with an attorney licensed to practice in your state, who is also familiar with the laws applicable to your specific situation.

In general, if you made the photos of the girl under controlled conditions, or in private, you would be well advised to have a properly executed model release on file for any images of the girl you sell.

Model Release Primer

Thanks! I'm in PA ... and this was in public at a local greenhouse. Not a private session. Just a shot I snapped when buying flowers.

I coulda' guessed that.

 

[c.cloudwalker]

Thanks for the info. And actually, I was aware of this. But all amish are not the same ... which is why I talked to the mother of the girl in the photograph and showed her the picture and the mother loved it and asked me if I could give her a print of it. So the amish family of this little girl apparantly do not share those beliefs. She asked if she could BUY a print of her girl - but I told her I would gladly give her a print.

:thumbup:

Very nice. I like that and have often done the same. One never knows where a cheap print could lead. In my case, with another Amish photo, it led to an article that I sold a few times over. Just for the price of a print and being nice