Can the bride/groom sign release for entire party?

Canon EF 100mm f/2.8 USM Macro

05/29/2007 04:58:09 PM · #1

I have searched DPC and google for this...nothing too promising found. I am guessing if it is a picture of a flower girl, I should contact the parent/guardian for a specific release with specific limitations. My main question is: can I word a model release so that group photos of the wedding party can be used by me for advertisement or (by absolute miracle) stock? I think I remember signing something like this in our contract when we got married, but I can't remember. I would hate to use a picture in an ad, and then have an individual in it complain. Has anyone had anything similar happen or do you have these releases in your contracts?

Thanks,
-drew

Spork99

OM System OM-1

05/29/2007 05:06:56 PM · #2

Originally posted by drewbixcube:

The bride and groom cannot sign a release for anyone but themselves or their own minor children.

05/29/2007 05:18:20 PM · #3

Originally posted by Spazmo99:

The bride and groom cannot sign a release for anyone but themselves or their own minor children.

Correct.

05/29/2007 05:23:26 PM · #4

So a person like

nsoroma79 couldn't use a picture like this

on a billboard promoting her studio without having everyone sign an individual model release?

Message edited by author 2007-05-29 17:27:01.

05/29/2007 05:25:38 PM · #5

But if they were to frame a huge print and hang in their studio office window, it would be ok because they own the copyright and are hanging a print, not specifically an advertisement. Right?

Nikon AF-S NIKKOR 24-70mm f/2.8G ED

05/29/2007 05:27:49 PM · #6

Correct on both assumptions.

thegrandwazoo

Nikon D750

05/29/2007 05:28:55 PM · #7

I thought you could use any of your own copyrighted images for any promotion of your company. But that you can not sell it as stock or sell the rights without a model release.

05/29/2007 05:29:15 PM · #8

Awesome! Thanks!...wait wazoo might have just made it interesting...

Message edited by author 2007-05-29 17:29:53.

Olympus 50mm f/2.0 Macro ED Zuiko Digital

05/29/2007 05:41:48 PM · #9

Originally posted by thegrandwazoo:

I thought you could use any of your own copyrighted images for any promotion of your company. But that you can not sell it as stock or sell the rights without a model release.

If you are using a photo to sell goods or services a model release must be obtained, including your own services.

Tlemetry

Olympus E-300 EVOLT

05/29/2007 06:08:36 PM · #10

I have heard you can post a sign at the entrance that states 'by entering these premises you are allowing photographs to be taken for commercial purposes'. Or some such nature.
Our church video records the services and has such a sign at the auditorium entrance.
Would this work for a wedding as well?

Skip

Canon EOS-1D X

Canon EF 300mm f/2.8L IS USM

05/29/2007 06:20:09 PM · #11

Originally posted by thegrandwazoo:

I thought you could use any of your own copyrighted images for any promotion of your company. But that you can not sell it as stock or sell the rights without a model release.

what fmann said...you can put images in your portfolio and hang them in your studio or even in your store window, but, without a model release, you cannot use them in any type of mass marketing efforts, be they email, print, or video.

thegrandwazoo

Nikon D750

Nikon AF-S NIKKOR 24-70mm f/2.8G ED

05/29/2007 06:24:45 PM · #12

Originally posted by Skip:

Originally posted by thegrandwazoo:
I thought you could use any of your own copyrighted images for any promotion of your company. But that you can not sell it as stock or sell the rights without a model release.

what fmann said...you can put images in your portfolio and hang them in your studio or even in your store window, but, without a model release, you cannot use them in any type of mass marketing efforts, be they email, print, or video.

So I can put them on my web site but I can't use it in a print brochure advertising my work. The issue being that the person in my image owns completely the copyright on their likeness?

Message edited by author 2007-05-29 18:24:54.

Skip

Canon EOS-1D X

Canon EF 300mm f/2.8L IS USM

05/29/2007 06:29:01 PM · #13

Originally posted by thegrandwazoo:

Originally posted by Skip:

Originally posted by thegrandwazoo:
I thought you could use any of your own copyrighted images for any promotion of your company. But that you can not sell it as stock or sell the rights without a model release.

what fmann said...you can put images in your portfolio and hang them in your studio or even in your store window, but, without a model release, you cannot use them in any type of mass marketing efforts, be they email, print, or video.

So I can put them on my web site but I can't use it in a print brochure advertising my work. The issue being that the person in my image owns completely the copyright on their likeness?

if you own the copyright, you can hang it on your wall, sell it as art, or put it in an online gallery (your website is generally considered an extension of a physical gallery, regardless of whether a physical one exists).

if you don't own the copyright, you must have permission from the copyright holder to display it.

in the example i gave prior, assuming you own the copyright, the issue is the difference between showing a visitor an example of your work, or actively marketing--which would construe 'commercial' usage of an image.

thegrandwazoo

Nikon D750

Nikon AF-S NIKKOR 24-70mm f/2.8G ED

05/29/2007 06:30:18 PM · #14

Dig it! Thanks for the clarification Skip & Leroy!

GeneralE

Canon PowerShot S3 IS

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

05/29/2007 06:40:14 PM · #15

Originally posted by Tlemetry:

Or the bride and groom can put a notice, release, or waiver in the invitation material -- the RSVP could constitute agreement. Sounds tacky though ...

05/29/2007 06:44:39 PM · #16

Originally posted by GeneralE:

Originally posted by Tlemetry:
I have heard you can post a sign at the entrance that states 'by entering these premises you are allowing photographs to be taken for commercial purposes'. Or some such nature.
Our church video records the services and has such a sign at the auditorium entrance.
Would this work for a wedding as well?

Or the bride and groom can put a notice, release, or waiver in the invitation material -- the RSVP could constitute agreement. Sounds tacky though ...

I suppose ya could secretly replace the guest book with a waiver :-)

05/30/2007 10:36:13 AM · #17

Thanks everybody for the clarification. So no pics on cards, mailings, ads, or emails without release. But pics can be sold as a single piece of art, displayed in windows, a gallery, online, and in a "sample" album (at your studio/office).

The old bait 'n switch of the guest book sounds like a GREAT idea! ;P

What about the "group of recognizable faces" loophole (something about expectance of privacy in large groups in public places)? Or does that still hold true when speaking of commercial applications of the photograph?

Thanks,
-drew

Canon EF 300mm f/2.8L IS USM

05/30/2007 10:49:18 AM · #18

Originally posted by drewbixcube:

What about the "group of recognizable faces" loophole (something about expectance of privacy in large groups in public places)? Or does that still hold true when speaking of commercial applications of the photograph?

Never mind...I found this in another thread:

Originally posted by ClubJuggle in another thread:

GeneralE: I believe you're wrong on this. If the photo was used for an advertisement, a model release is required, at least under US law. Japanese law may vary significantly.

leko2k: While you are correct about the expectation of privacy, that only covers the photographer's right to take the photograph (again, at least in the US). It does not give the photographer the right to use the photograph for commercial purposes such as advertisements.

heavyj: Most concert tickets have a model release printed on the back of the ticket. By using the ticket and entering the venue, you agree to the contract.

~Terry

Skip

Canon EOS-1D X

05/30/2007 10:50:26 AM · #19

the 'faces in the crowd' rule could probably squeak you by, but, one other consideration is whether or not the subjects mind. some do, some don't. it is always best to ask, and then act accordingly with their wishes. if you have a studio and have someone's stunning portrait in your window and they want you to take it down, as much as you'd like to keep it there, you'd be best served to take it down...