legal to sell these photos? - DPChallenge Forums

Nikon AF Nikkor 50mm f/1.4D

01/11/2008 06:50:08 AM · #1

I volenteer my photography at my local library for any events/speakers they get so they can put photos up on thier website and in the newpaper.in oct. the library had a local Belly dance troup do a showing in thier conference room. I gave copys of the photos I took to both the library and the dance troup.this past november I was asked by a local belly dance troup to come to a showing at the civic center (they even gave me tickets for me and my family). I dont have a signed model release from any of the dancers for either event but they all gave me verbal permission to post thier photos online so that they may view them. most of them are "friends" on my myspace acct and all of them have gotten copys of the photos I took of them via email.

I got a message on My website from someone asking to purchase photos from the showing at the civic center and they also wanted to know if I had anymore that wern't posted online. First thing i did was ask if they were one of the dancers and which one so that I can look in my archives for additional photos that havent been edited yet.

My question is this: if this person isnt a dancer am I legally allowed to sell them any photos of that event? If they are a dancer can I sell them photos other than photos of themselves. what are my bounderies?
heres a couple from that event:

glad2badad

Apple iPhone 16 Pro

Lensbaby Sweet 35 Optic

01/11/2008 08:15:01 AM · #2

You could probably sell prints on an artistic license scenario, but not for use commercially (i.e. selling the file in downloadable file format) without a model release (unless under an editorial license).

Nice job on generating interest on some well made photos. :)

rossbilly

Nikon D200

01/11/2008 08:26:43 AM · #3

(morning Cher!)

I wouldn't sell ANYTHING without a model release already on file, period. The chance of anything coming back on you is pretty small (because it was a venue, and anyone COULD have taken the images), but why take the risk?

Make it an unbreakable RULE with yourself, that no photos are ever to be taken (for business purposes) without a model release. I know it gets exciting when its time to shoot, but we ALL have to protect ourselves first... hmmm, start thinking of your model release as being just as important as a condom! (Heck, you could even put one on the front of your lens - I bet THAT would cause some laughs!)

You can always go back & get the releases signed... if it's worth the money you're being offered. ;)

Canon EF 300mm f/2.8L IS USM

01/11/2008 05:47:52 PM · #4

I was sure I couldnt post these for sale as downloadable because I didnt have the release signed.I was pretty sure I could post them online because it was a public event.

I still havent recieved an email back about weather she was one of the dancers or not. I was going to tell her that if she wasnt a dancer then I couldn't sell to her in the email but I decided to wait and see what she says. If she says yes she was and which one she is then I will be contacting a few of the other dancers to verify that info. I really dont want to break any laws here. Im sure I can get releases signed still but there were a few troups from around the DC area and one from down in VA(which is where the email came from) and I think one up in PA.

thanks for your help you two...I guess Ill just have to wait and see if she emails back and go from there

Skip

Canon EOS-1D X

01/11/2008 05:58:39 PM · #5

i sell prints all the time for personal use. no model release required. the only prints i don't sell are ones taken under contracts that prevent me from selling them (like nascar, monster trucks, ncaa post-season tournaments).

there is a huge misconception about commercial use of imagery. it is not commercial use to sell images one at a time for personal use. that is quite different from turning a print into a commercial product that is being sold (like a calendar or set of note cards or a poster).

eta: nice work!

also, if it is a public library, you don't need anyones permission to make prints available. on the flip side, if someone asks you to remove an image, even though you don't have to, it's usually best to.

Message edited by author 2008-01-11 18:02:17.

frisca

Nikon D70

Nikon AF Nikkor 50mm f/1.8D

01/11/2008 06:03:42 PM · #6

I just wanted to comment that I looked at a couple of your photos and I think they are just fantastic! Wonderful job!

Sigma 70-200mm f/2.8 EX DG APO IF for Nikon

01/11/2008 06:07:50 PM · #7

Thanks!!! not too shabby for not being able to use a flash huh..Im quite happy with the finished products. alot of editing (learned something new from it too)...way more that Im used to doing but they needed something! glad ya liked them!

amathiasphoto

Nikon D300

01/11/2008 06:08:08 PM · #8

you can sell the bottom two just fine... Who are they? Cause I sure cant tell? As long as the person isnt identifiable, you'll be fine.

wavelength

Nikon D300

Nikon AF Nikkor 50mm f/1.8D

01/11/2008 07:43:06 PM · #9

Originally posted by amathiasphoto:

you can sell the bottom two just fine... Who are they? Cause I sure cant tell? As long as the person isnt identifiable, you'll be fine.

You can sell them all just fine, the ones without faces you can sell in any way you like.

If you get approached for a book cover (for example) on the ones that have faces, you'll need a model release.

Skip

Canon EOS-1D X

Canon EF 300mm f/2.8L IS USM

01/11/2008 07:47:18 PM · #10

dittoing wave...

Originally posted by amathiasphoto:

As long as the person isnt identifiable, you'll be fine.

why would you say that? we're talking about personal use (ie, something to put on a desk or wall), not a commercial use or a commercial product. it makes ABSOLUTELY NO DIFFERENCE if the people are identifiable.

rossbilly

Nikon D200

Nikon AF Nikkor 50mm f/1.4D

01/11/2008 08:09:10 PM · #11

wow - I stand corrected (thanks guys!)

... BUT, I still think it'd be funny to show up with a condom on the lens, so you don't forget to have the releases signed :D

01/11/2008 08:22:00 PM · #12

Originally posted by rossbilly:

wow - I stand corrected (thanks guys!)

... BUT, I still think it'd be funny to show up with a condom on the lens, so you don't forget to have the releases signed :D

I see a photo op...or maybe a challenge?
Hee~heeee