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DPChallenge Forums >> Tips, Tricks, and Q&A >> Can I use my clients photos on the challenges?
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11/01/2011 01:37:58 PM · #1
Do I need a model release signed by them or it is my right to use their photos on the challenges?

Most clients will not sign a model release because they are affraid where their photos will be used. As I do many studio shots nowadays, I'd like to be able to send some of these shots to the challenges here.

Message edited by author 2011-11-01 13:52:26.
11/01/2011 01:46:44 PM · #2
yes, better safe than sorry. You could also just personally ask them through email. Then it's "on paper" whether or not they want their images on the site without them actually signing anything officially
11/01/2011 01:55:59 PM · #3
Thanks...
Does anybody ask every client to sign a model release?
I think I should do that, but I'm not sure how this is seen by the client itself. In the end I'm not trying to lie to them or use their images in something which could cause any problems to them, but I understand when someone don't want to sign the form.
11/01/2011 01:59:29 PM · #4
Without a model release, you cannot make money from the photos, but they can (to the best of my knowledge) be used for your personal use and editorial use, including portfolios and whatnot. I would hesitate to include DPC in this, as it is on the web, and any web photos are pretty much open to the public.
Many photographers include this as a standard part of their contract. If the client refuses to sign, there may be a monetary penalty or the photographer may pass on services. This is, at least, what I've seen laid out by a large number of people online as their approach.
11/01/2011 01:59:52 PM · #5
Don't you have them sign some kind of agreement/contract when you agree to do work for them?

Just add a little blurb about your self-promotional usage including photo contests and that should be fine. If anyone objects, it's easy enough to simply line out that section, initial and date it before signing.
11/01/2011 02:17:25 PM · #6
Originally posted by spiritualspatula:

Without a model release, you cannot make money from the photos, but they can (to the best of my knowledge) be used for your personal use and editorial use, including portfolios and whatnot. I would hesitate to include DPC in this, as it is on the web, and any web photos are pretty much open to the public.
Many photographers include this as a standard part of their contract. If the client refuses to sign, there may be a monetary penalty or the photographer may pass on services. This is, at least, what I've seen laid out by a large number of people online as their approach.


A personal portfolio is probably OK, but an online gallery or other material intended to create business for the photographer could be considered advertising. In which case a release would be required...even if it's not, it's better safe than sorry and it's just being considerate to get consent.
11/01/2011 02:18:21 PM · #7
Thank you all!

I will think about it, but I think that adding a clause for the authorization for promotional and contests is the best way to go.
That way it will be part of the general agreement and I think most clients will not argue about that. Adding an addiotional fee for not agreeing with this clause would be good also, but I think it is unnecessary and will be contrary to the way we usually work on our studio. I prefer to let them choose freely or maybe turn this into a required condition to sign the contract instead of charging something else for not agreeing.

11/01/2011 02:59:02 PM · #8
Originally posted by Spork99:

Originally posted by spiritualspatula:

Without a model release, you cannot make money from the photos, but they can (to the best of my knowledge) be used for your personal use and editorial use, including portfolios and whatnot. I would hesitate to include DPC in this, as it is on the web, and any web photos are pretty much open to the public.
Many photographers include this as a standard part of their contract. If the client refuses to sign, there may be a monetary penalty or the photographer may pass on services. This is, at least, what I've seen laid out by a large number of people online as their approach.


A personal portfolio is probably OK, but an online gallery or other material intended to create business for the photographer could be considered advertising. In which case a release would be required...even if it's not, it's better safe than sorry and it's just being considerate to get consent.


Yup. Exactly what I was getting at. While it's sorta a "portfolio" it isn't, and it's also ripe for the taking, so caution is warranted.
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