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DPChallenge Forums >> Tips, Tricks, and Q&A >> model release
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08/14/2005 06:10:28 PM · #1
I know that if you photograph someone with their face visible, and you plan to sell/publish it, you need that person to sign a model release form. I was wondering how far this goes?
How about candids of people you don't know? How about children? How about groups, crowds, or bands? How about the photo journalists that shoot these things for the newspaper? and so many other situations.
How important is a model release form, and in what situation (and purpose of the photo) would it be required?
Just asking, because I'm still young and naive and I don't know much about these things, or has someone posted a thread about this before?
Thank you in advance
08/14/2005 06:13:32 PM · #2
If you plan on selling it, you MUST have a model release.

If it is being used/sold as journalism, you do NOT need a model release.

If you sell a photo of someone, and do not have their permission, you can be sued.
08/14/2005 06:27:27 PM · #3
Use a model release. Here is a sample of a very basic release. You can print these on half sheets and carry with you.

08/14/2005 06:31:22 PM · #4
you might want to read this thread and buy the book; it will answer almost all your questions.
08/14/2005 06:51:27 PM · #5
wow, thanks for all the helpfull info.
I have another question, though: My dad has a website online and it features photos of people (and he is not a photo journalist). He is not selling the pictures themselves, but he also has the website on CD that he IS selling. Could he get sued for this if he doesn't have a signed form from the people in the pics?

Message edited by author 2005-08-14 19:13:53.
08/14/2005 07:14:37 PM · #6
anyone?
08/14/2005 07:19:40 PM · #7
I think the short answer is - yes, probably.

You can be sued by anyone, for anything, these days. If someone wanted to make a big deal of someone selling CD's that have their image on it, without their consent, then they could sue.
08/14/2005 07:25:51 PM · #8
If you have a photo of a group of 4 or more people, you can sell that photo without a model release, as long as it is not focused directly on one person.
08/14/2005 07:32:13 PM · #9
thank you! I think that's all I really needed to know.
08/14/2005 07:59:54 PM · #10
Originally posted by Travis99:

If you have a photo of a group of 4 or more people, you can sell that photo without a model release, as long as it is not focused directly on one person.


this is not true. it depends on the specific image and the focal point/how it is used. A family photo of 3 kids and 2 parents can NOT be sold without a model release for each identifiable person, unless it is used in an editorial fashion. (ie: news, educational, etc...)

Message edited by author 2005-08-14 20:04:02.
08/14/2005 08:44:33 PM · #11
Originally posted by ericlimon:

Originally posted by Travis99:

If you have a photo of a group of 4 or more people, you can sell that photo without a model release, as long as it is not focused directly on one person.


this is not true. it depends on the specific image and the focal point/how it is used. A family photo of 3 kids and 2 parents can NOT be sold without a model release for each identifiable person, unless it is used in an editorial fashion. (ie: news, educational, etc...)


where does it say that?
08/14/2005 08:58:15 PM · #12
Originally posted by ericlimon:

If you plan on selling it, you MUST have a model release.

If it is being used/sold as journalism, you do NOT need a model release.

If you sell a photo of someone, and do not have their permission, you can be sued.


I have never understood this. How come celebrities can't sue the paparazzi? Did I spell that right? They do not have permission to take thier picture, they sell the photos for lots of cash, and come back for more. They don't get sued.
08/14/2005 09:20:03 PM · #13
National Press Photographers Association - check the links on this page under Q&A

Model Release 101


08/14/2005 09:46:16 PM · #14
Originally posted by mandyturner:

Originally posted by ericlimon:

If you plan on selling it, you MUST have a model release.

If it is being used/sold as journalism, you do NOT need a model release.

If you sell a photo of someone, and do not have their permission, you can be sued.


I have never understood this. How come celebrities can't sue the paparazzi? Did I spell that right? They do not have permission to take thier picture, they sell the photos for lots of cash, and come back for more. They don't get sued.

paparazzi are selling to publications, which makes it 'editorial' use, which does not require a model release.

Originally posted by travis99:

where does it say that?

there's not a single point of law i can point you to, but the underlying concept is known as 'faces in a crowd'. pictures of a group of people that are not singling out any particular person and/or people (as the case may be), can be sold for uses other than editorial without a model release. a family portrait, though, cannot. it comes down to context and usage. the book i referenced in the other thread really spells all this stuff out...it really is something that anyone who wants to shoot professionally should read.

Message edited by author 2005-08-14 21:46:40.
08/14/2005 10:00:47 PM · #15
You might want to do some research about editorial photo sales. There is a place that you may be able to sell a photo with out a photo release. However for comercial photos a release is a must. AND it is always a good idea if you can get one. But for editorial you may not need one. Be very careful about children. that is a touchy issue. At your age, you chould be able to approach people and get a release with out much difficulity.
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