Originally posted by NikonJeb:
My take on the release form is this.....
You will make the model/subject think about it for a moment and have them realize that they are (theoretically) indemnifying you from litigation, and if they aren't sure, they may choose at that point to back out and avoid a potential problem.
And though the release doesn't guarantee you that you won't get sued, it sure will go a long way towards givimg you credibility as to having had made it clear that you wanted said subject/model to understand that you were asking them for permission to use them in an image.
It's also a must for many things such as anything for publication and/or sale.....and then you've done what you're supposed to to be a conscientious professional.
Good luck! |
I've actually run into this about ten or so years ago.
The issue is what are you going to do with the image. Here's the way my problem was resolved.
1 - Images that appear in consumer/trade magazines, newspapers, educational books, photographic exhibits you do not need a release form.
2 - Images appearing in commercial applications - ads, brochures, posters, greeting cards, catalogs, postcards, kiosks, trade shows, Web sites, etc. - you will need a release form.
What happened in my case was I had given a friend a print and then a couple of years later that print subsequently ended up in a advertisement. It was clearly a misuse as I owned the copyright, but it took an attorney and several hours of legal work to clear up.
My rule of thumb is this - it you even THINK you might need a release form, then get one. What I do, and it always works, is that I offer the subject a print w/frame as payment. Believe it or not, in most cases, the subjects are fine with that or they will ask if it goes public to be notified. If you are absoutely sure you don't need one (like you are shooting an image for a Challenge or something like that), then don't bother. I always ask my subjects first, I give them a business card with my name, personal email and business phone number - that's usually all it takes and everybody is happy.
There are standard release forms available from any number of sources on the web - all of them are time tested and rock solid.
The one area you might run into some resistance is kids - that can get really sticky really fast. I was with my Granddaughter at a local park just shooting some pictures of her playing and running around. After about a half hour, State Trooper shows up - some other mother had called 911 about a pervert taking kids pictures. :>)
Fortunately I knew the trooper really well - I coached him in PeeWee football and he was a classmate of my son. :>) I'm sure that wouldn't have been a problem anywa, but it pays to be aware of what can happen and be prepared.
Later,
Tom |
