Permission To Use Pictures: How Necessary Is It?

04/07/2007 10:09:44 AM · #1

I took this picture yesterday at a local event, the Baby Animal Days at the American West Heritage Center. My original intention was to use it for the 30-day portrait thingie for April, which I did. But as I thought about it over night and this monring I realized that I probably should have had this guy sign some type of release form. I don't think I need it for this site, but I was thinking about putting together a coffee table book of Cache Valley some day, and a picture like this would really look good in it. I was also thinking about uploading a print for DPCPrints, and maybe even using it in a submission to Alamy or something. I would assume for any of those things that I need some type of release, is that right? I found one here that seems pretty basic. Should I go back and have him sign this? Also, when I asked him about taking his picture, I quickly offered to give him a disc with the pictures. But now that I maybe want to send it to Alamy or something, is that a bad thing? I love to share my pictuers with the people that are in them but this has got me thihking now. Because I only want them to use it for personal use. On their computer, a small print at home, something like that. I thought about downsizing the image so the highest resolution print that they could do on their own would be a 4x6. Is that still ethical? I've never had a desire to take it further until now, and so I need some advice from people that are in this business for money. What should I do?

04/07/2007 10:33:04 AM · #2

A release is good to get, but it's only neccessary if you intend to sell this photo commercially, i.e. Stock or advertising, etc.

DPC is considered editorial use, which requires no release.

PhantomEWO

Canon EOS-5D Mark II

04/07/2007 10:43:54 AM · #3

A real famous photo of a Jewish Rabbi that was taken candid. It went to court because the photog was selling the photo as fine art. In fact he was getting I beieve up to $20,000 per photo. The case by the Rabbi was lost because as fine art it is allowed to sell. No if the photo was used to sell a car or coffee or any product it would not be allowed. I believe that as long as you use it as fine art or not used to sell a product it's fine. Google the lawsuit it was a real shocker to many. Good luck and great pic.

LindaLee

Canon EOS-40D

04/07/2007 12:03:24 PM · #4

THIS article may be of interest to you. The article is about halfway down the page, titled "Editorial Use of a Person's Photograph is Confirmed".

Message edited by author 2007-04-07 12:06:34.

04/07/2007 12:22:20 PM · #5

FOUND IT!

Nussenzweig v. DiCorcia

04/07/2007 12:43:21 PM · #6

These articles are all great. I had actually read abuot the Nussenzweig case quite some time ago too. These cases and writings are all about people in a public place. My picture was taken on private property during this festival. Would that be considered the same still, or are there different laws that apply to that?

04/07/2007 12:53:10 PM · #7

Originally posted by traquino98:

Generally if it's on private property it's ok unless you are told it's not. For example, for most major sporting events, the back of the ticket says you may take photos for "personal use", but you are not allowed to display them or in any way profit from them. Check your ticket and check the websites if any.

quiet_observation

Canon EOS-7D

04/07/2007 12:57:08 PM · #8

If you talked to the person and he allowed you to take his photo (he did not walk away or turn away), you have a verbal release which, for artistic or journalistic purposes, should be sufficient.

Some private places like gardens have photographic policies which you would need to adhere to.

If you are going to submit to a stock site where there is a potential for commercial use, I would get a written release from the person.

Canon 12x IS USM (S3 IS built-in Lens) -- 36-432mm (35mm EQ)

04/07/2007 02:58:33 PM · #9

Well, I guess I will be fine then for most of what I want, and just not even think about about sending it in for stock.

Now, one thing I wish I would have done is talk to him and ask his name and stuff. Those types of things always escape my thought. How do you condition yourself to do that, and to ask the right questions? Do you write things down, or use a voice recorder and then write later?

GeneralE

Canon PowerShot S3 IS

04/07/2007 03:27:07 PM · #10

Originally posted by traquino98:

Most Canon cameras allow you to add a voice-annotation of something like 15-60 seconds to the pictures right on the card.

I've seen a version of a model release which comes about the size of a postcard -- carry some in your camera bag.

Canon 12x IS USM (S3 IS built-in Lens) -- 36-432mm (35mm EQ)

04/07/2007 03:28:09 PM · #11

Originally posted by traquino98:

Now, one thing I wish I would have done is talk to him and ask his name and stuff. Those types of things always escape my thought. How do you condition yourself to do that, and to ask the right questions? Do you write things down, or use a voice recorder and then write later?

Very good question.

librodo is the king of portraiture around here. I'd love to follow him around for a week and watch him in action. He has a thread around somewhere that goes into details about how he went about talking to one of his blue-ribbon models.

Unfortunately I don't have time to search for the thread. I'm running out the door to the airport.

GeneralE

Canon PowerShot S3 IS

04/07/2007 03:30:38 PM · #12

Originally posted by _eug:

Unfortunately I don't have time to search for the thread. I'm running out the door to the airport.

I woder how often the very last act of a DPC member when leaving for the airport is not to check if the iron is off or if they have their passport, but to hit the Update button ...

PhantomEWO

Canon EOS-5D Mark II

04/07/2007 03:42:33 PM · #13

Originally posted by traquino98:

Why not for stock. It still can be used for journalistic uses. All you have to do is click the block that says you do not have a model release. It really should not matter. Whoever purchases it just can't use it to sell a product but can still use it in travel or journalistic content.

Canon EF 24-70mm f/2.8L II

04/07/2007 04:03:21 PM · #14

Originally posted by PhantomEWO:

Sounds like a good idea. Thanks for the input.

toddhead

Canon EOS-5D Mark II

04/07/2007 04:08:30 PM · #15

Originally posted by traquino98:

Also, when I asked him about taking his picture, I quickly offered to give him a disc with the pictures. But now that I maybe want to send it to Alamy or something, is that a bad thing? I love to share my pictuers with the people that are in them but this has got me thihking now. Because I only want them to use it for personal use. On their computer, a small print at home, something like that. I thought about downsizing the image so the highest resolution print that they could do on their own would be a 4x6. Is that still ethical?

It's ethical, but doesn't seem quite fair to me. If you are going to profit from the picture I don't see how it could hurt to let the "model" make an 8x10 of the picture for his family.