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07-22-2014, 09:23 AM   #1
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Model and Print Release -- Does everyone need to sign?

Usually I just photograph small families 3/4 people. Tomorrow I am photographing a family of 9. The mother, 3 daughters and 3 grandchildren. Do I need all the families to sign a model/print release or just the mother? The daughters are in their 30's and the grandchildren are 10 and under. Thanks!

07-22-2014, 09:31 AM   #2
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I have *zero* experience with this, but I always thought the rule was "Everyone over 18, and parent/guardian of those under 18.""

If it isn't the rule, as I start portraiture soon it will be my rule and I can't seem to find a way that would leave any room for error.

-Heie
07-22-2014, 09:32 AM   #3
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What are you using the photos for? If selling for stock you would need a model release from everyone as well as a minor model release for those under 18 signed by parent or guardian. If you are doing work for hire and the prints go to the people being photographed then I do not think you need model releases. Not sure what you mean by print release I've never dealt with that....
07-22-2014, 09:39 AM   #4
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QuoteOriginally posted by Heie Quote
I have *zero* experience with this, but I always thought the rule was "Everyone over 18, and parent/guardian of those under 18.""

If it isn't the rule, as I start portraiture soon it will be my rule and I can't seem to find a way that would leave any room for error.

-Heie
I second this philosophy and it's my rule. Another thing to take into account as well, if there is or every will be any PETS involved, you also need the owners to sign a Property Release as well. Images of pets are protected personal property. I encounter this several times a year with my work for rescue organizations and a couple charities.

07-22-2014, 09:40 AM   #5
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I am doing work for hire but would like to use the images on my website / flyers / business cards...etc
07-22-2014, 09:51 AM   #6
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QuoteOriginally posted by julbelle Quote
I am doing work for hire but would like to use the images on my website / flyers / business cards...etc
Then you need model releases for all. I would also suggest you have a form that clearly explains you may use the images for promotional purposes. Not everyone understands what that means and you do not want a paying customer coming back and complaining you used their image on your website even if you have a release.

I do not do this kind of work but I know people who do and they offer a small discount if the customer allows use of the images. They take great pains to explain how and where the images may be used. Sometimes it is only for the photographers promotions and sometimes for use as stock images so no idea where they might end up. And I agree with nomadkng, pets need releases as well.
07-22-2014, 10:57 AM   #7
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What about when you're not working for hire? What are the rules for posting photos of strangers (or their pets) on personal websites, here on the forum, social media sites, flickr, and places like that?

-Dave
07-22-2014, 11:33 AM   #8
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QuoteOriginally posted by DaveNC Quote
What about when you're not working for hire? What are the rules for posting photos of strangers (or their pets) on personal websites, here on the forum, social media sites, flickr, and places like that?
I think the rule is that we all pretend there are no rules until someone complains.. :/ The problem with these rules is also that laws depend on the country, state, some are even specific to cities.
Whats important is to keep things tasteful and make sure the person that can be recognized on the photo knows and agrees with your usage

07-22-2014, 11:46 AM   #9
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In the US, if the photo was taken in an area that is public and a person could reasonably assume they would be seen then you may post the image. However, any commercial use, such as on your website, advertising or selling the image would not be OK without model releases.

But as Na Horuk says, this is an extremely complicated area with different rules in different countries. And even if you abide by the strict letter of the law you can still get sued. Take a street picture of an old man sitting on the porch of a barbershop smoking and you might win a contest or prize. Take a picture of small children playing in the playground and you might get arrested.
07-23-2014, 07:32 AM   #10
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QuoteOriginally posted by jatrax Quote
In the US, if the photo was taken in an area that is public and a person could reasonably assume they would be seen then you may post the image. However, any commercial use, such as on your website, advertising or selling the image would not be OK without model releases.

But as Na Horuk says, this is an extremely complicated area with different rules in different countries. And even if you abide by the strict letter of the law you can still get sued. Take a street picture of an old man sitting on the porch of a barbershop smoking and you might win a contest or prize. Take a picture of small children playing in the playground and you might get arrested.
Actually that is not 100% accurate each state is different. In NY I have no legal obligation to obtain permission to photograph anyone in public nor is there a requirement even if I post that photo on a web site.

The need for a release only comes into play if the photo is sold or used commercially and even then it is dependent on the prominency of the individual in the photo.
07-23-2014, 12:25 PM   #11
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QuoteOriginally posted by geru2000 Quote
requirement even if I post that photo on a web site.
I will have to disagree with you on this. But I think the difference is in what is meant by "website". If you post it on social media or news or Flickr or a gallery on your personal website or whatever sure that is fine. But take a picture of someone and use that image on your website as part of your advertising or promotion? No way. That is what I meant by "commercial use".

And as always, no one here is a lawyer (at least I am not) so do not take anything posted here as fact, only opinion. And even if you think you are 100% within the law you can still get sued and even if you win it will be expensive.
07-23-2014, 04:59 PM   #12
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If you need a model release if you plan on doing commercial work. The model release should be very brief, but at the same time allow you to use the image for advertising, digital or print.
However, if you're shooting with the intent of producing fine art to sell for profit, then you don't need a model release.
07-23-2014, 05:15 PM   #13
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The internet makes everyone a lawyer

https://asmp.org/tutorials/frequently-asked-questions-about-releases.html#.U9BO6GK9KSM

But, for me, If I had a business or studio, I would personally want a release of anyone I shoot, because even if I say, shoot a model for a fine art shot, some time later I may wish to sell the image for someone else to use (through for example a stock photo business). As I do no know the use of the end purchaser, and it could easily be promotional, therefore since you cannot predict the ultimate end use when you shoot, it is best to get a release with stated use for each shoot
07-25-2014, 03:21 PM   #14
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After reading through the replies and the link that Lowell supplied, it sounds like I don't have much to worry about. I don't see any of my photos being used for any kind of business or promotion.

Thanks,

-Dave
07-25-2014, 03:59 PM   #15
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QuoteOriginally posted by DaveNC Quote
After reading through the replies and the link that Lowell supplied, it sounds like I don't have much to worry about. I don't see any of my photos being used for any kind of business or promotion.

Thanks,

-Dave
The problem is not what you see now, it is what you might do later. That's why I said for me, I would make it clear as to a release and intended use now, and save the release T&C in the exif of eh photo, so you never forget what the subjects agreed to. It is easy with an exif editor to load a who'll directory or group of photos with the conditions. Then you have a permanent reminder. It's all about routin
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