[BethC]

Thanks! I'm not quite as worried about the business side to be honest.

Read more at: https://www.pentaxforums.com/forums/professional-photography-publications/113...#ixzz0zYYlaHsz

You may not thing about making a career out of photography, but since you are inquiring about zenfolio, there are certain things in the "business side" you have to consider. First thing that came to mind is a model release form. You must have a model release form signed for any person you take a picture of that you plan on posting anywhere on the web. I have heard of way too many people who have not done this and have gotten burned. It's worth it to get the clients signature right from the begninng to avoid many legal issues that could arise if you post someone's picture on your site without permission.

[alohadave]

You must have a model release form signed for any person you take a picture of that you plan on posting anywhere on the web.

No, this is just plain wrong (in the USA, different countries are different).

You need a model release when you are selling the work commercially. Posting pictures of people online is perfectly fine. If you are not selling the picture, there is no need for a release.

Things you do not need a release for: Art, Editorial, Self Promotion, News
Things you need a release for: Commercial (Advertising)

[Miguel]

You may not thing about making a career out of photography, but since you are inquiring about zenfolio, there are certain things in the "business side" you have to consider. First thing that came to mind is a model release form. You must have a model release form signed for any person you take a picture of that you plan on posting anywhere on the web. I have heard of way too many people who have not done this and have gotten burned. It's worth it to get the clients signature right from the begninng to avoid many legal issues that could arise if you post someone's picture on your site without permission.

I'm sorry Beth but this is woefully inaccurate information. A release is only necessary for commercial usage. Posting a shot on this site for example doesn't require one. Posting a portfolio shot on your personal website doesn't require one, unless the subject has existing rights contracts that govern the publication of images. Shots of children incur greater risk of potential hassle as well.

The need for model releases is indeed complicated, but there is plenty of guidance on the Internet.

M

[BethC]

Hmm, I've been told differently, by more than one person. I have one signed by anyone before I shoot them regardless. I mentioned it before, but I've known of many people who have gotten in trouble by not having a model release form signed and then posting to their website, facebook, business cards etc.... I've also been adviced against posting anyone's photo on a forum such as this one without having a release signed as well.

[alohadave]

I mentioned it before, but I've known of many people who have gotten in trouble by not having a model release form signed and then posting to their website, facebook, business cards etc....

How did they get in trouble? Can you give us some clarification?

[Reportage]

professional shooting..

well the best advice i have gotten is to be flexible. To come up with solutions in changing conditions and the temperament to work with and for anybody. Easier said then done since it involves topics usually not covered in schools. One thing i will share is that no one tells anyone everything and thats when your ability to improvise comes to play.

as to how to get started, you have to know what you want and then ask the relevant people on how to start. Myself, one day i will be photographer/journalist for the BBC hopefully doing global events.

[BethC]

How did they get in trouble? Can you give us some clarification?

Two most recent cases I've heard...one lady made an ad, using a friends daughter's photo. Didn't get a release signed, when the "friend" saw her daughter on the ad, she told her to either stop using it, or she wanted some kind of royalties from it. Went back and forth, ended up contacting a lawyer and the lawyer told her the only thing she could do is stop using the ad, and get model release forms signed by everyone you shoot, even if you think they are your friends.

Next was a lady who had pictures done, a photographer posted to her facebook, the Husband saw and again had a fit, demand they be removed. I do'nt believe that ever went as far as getting a lawyer involved, but the man who saw them threatened to sue. Could have all been avoided by having a release signed.

[ghelary]

Two most recent cases I've heard...one lady made an ad, using a friends daughter's photo. Didn't get a release signed, when the "friend" saw her daughter on the ad, she told her to either stop using it, or she wanted some kind of royalties from it. Went back and forth, ended up contacting a lawyer and the lawyer told her the only thing she could do is stop using the ad, and get model release forms signed by everyone you shoot, even if you think they are your friends.

Next was a lady who had pictures done, a photographer posted to her facebook, the Husband saw and again had a fit, demand they be removed. I do'nt believe that ever went as far as getting a lawyer involved, but the man who saw them threatened to sue. Could have all been avoided by having a release signed.

The question of model release is indeed very complicated and quite different from one country to another. for exemple in France, the right is extremely restrictive, and someone can request some control over any image where they can be recognised. That includes any public place, any public event, the only exception is for officials when exercising their office.
However, no law has ever been passed about it, it is only down to precedents.

Whenever reasonably possible, make the people sign an agreement. That's the best way to protect yourself from any unnecessary hassle, even when the law is on your side.

[alohadave]

Two most recent cases I've heard...one lady made an ad, using a friends daughter's photo. Didn't get a release signed, when the "friend" saw her daughter on the ad, she told her to either stop using it, or she wanted some kind of royalties from it. Went back and forth, ended up contacting a lawyer and the lawyer told her the only thing she could do is stop using the ad, and get model release forms signed by everyone you shoot, even if you think they are your friends.

Next was a lady who had pictures done, a photographer posted to her facebook, the Husband saw and again had a fit, demand they be removed. I do'nt believe that ever went as far as getting a lawyer involved, but the man who saw them threatened to sue. Could have all been avoided by having a release signed.

The first one is very clearly commercial work which would require a release.

The second one is self promotion and doesn't require a release. It's prudent to take it down if the person or family makes a stink, but it's not a legal obligation. I doubt that the husband would have not made a stink even if there was a release. Model releases don't make husbands shut up, it protects you from the model.

[Miguel]

+1
alohadave, that's one excellent reply.
I agree completely.

M

[ChrisOBrien]

Alot of great responses in this thread. Thanks to everyone who contributed!


You guys definitely gave me a lot to consider before I decide to really take the plunge and try to make money off of my photos.