Posted by Les Barstow on August 11, 2006 at 4:41 PM
And I need some help with logistics, as it were. I'll be doing a lot of outdoor activities photos, and was wondering how y'all managed to get model releases for people involved in outdoor activities. Do you recruit friends, or catch people before they head out from trailheads, or...
People photography it appears I can do, having tried it out a bit. But it's all been either in fun or for editorial use where you don't usually need releases. Expanding my horizons...
Posted by Nat Coalson on August 11, 2006 at 5:32 PM
U.S. privacy laws dictate that you must have a signed release to use pictures of people for "commercial" purposes. That means advertising or promotional use; "fine art" and editorial/news uses are exempt from this.
A stipulation of this law is that the photo depicts a recognizable likeness of the person; that it is easy to identify the person in the photo. Of course, this is also quite vague.
This said, I don't have much direct experience with this issue, and as such, I have ALWAYS asked people to sign a release, which they always have done. But there are definitely cases where this is impractical or impossible.
Bob Krist, renowned travel photographer, has taken thousands upon thousands of photos of people in various locations around the world, for mainly editorial use, but also quite a bit of "commercial" use (read: advertising).
In several of his books, he says that after much hemming-and-hawing about it over the years, he doesn't bother with ANY releases unless the situation specifically calls for it. So most of his best and most recognized photos never had a model release.
He also refers to cases he's seen where a photographer walks through a crowd photographing people, and an assistant follows behind, trying to get everyone to sign a release.
Imagine a shot of a sports stadium, with thousands of people in the photo.... no way everyone signed a release.
I'd suggest that if you are doing a series of shots featuring specific people ("models"), then you need to have a release for each of those people.
If you take a photo of someone on a mountain peak from a mile away, you don't need to worry about it. Anything in between is, of course, at your discretion; but realize that it may be much ado about nothing.
The big question is: "if this photo is widely published, and this person sees the photo, will he/she want to sue me for damages, royalties etc.".
And, what is "editorial" use vs. "commercial" use?
There is a lot of gray area in this subject. I'm looking forward to hearing what others have to say.
Posted by Les Barstow on August 11, 2006 at 5:47 PM
I was more wondering about technique acquiring the releases. The assignment requires releases for all recognizable subjects, and I'll definitely need to take a large number of such pictures. But I just can't see jogging alongside a thin tire biker to get a release. There's got to be a better way...
Posted by Brian Miller on August 11, 2006 at 11:05 PM
I don't do any of this type work myself, but from what I understand the norm is to hire a model or get a friend to participate. Makes sense as you can direct what you want and have someone approprately dressed for the shot. I hope someone who knows more about this will chime in.
Is it an event? Is it possible to get all participants to sign a release prior, like when they get their race number or what have you?
Posted by Les Barstow on August 13, 2006 at 12:53 AM
I started out today, and was able to get releases for a group of people before they set out. I don't think this will always be possible; the assignment is mostly shooting Joe (and Jane, and Jimmy and Jenny) Citizen doing stuff outdoors.
Sorry this was a bit OT. I think I'll survive the experience, but I'm going to have to invent an alias for the guy who looks like me and uses my camera, but takes pictures with people in them!
Discussion
5 repliesPeople photography it appears I can do, having tried it out a bit.
A stipulation of this law is that the photo depicts a recognizable likeness of the person; that it is easy to identify the person in the photo. Of course, this is also quite vague.
This said, I don't have much direct experience with this issue, and as such, I have ALWAYS asked people to sign a release, which they always have done. But there are definitely cases where this is impractical or impossible.
Bob Krist, renowned travel photographer, has taken thousands upon thousands of photos of people in various locations around the world, for mainly editorial use, but also quite a bit of "commercial" use (read: advertising).
In several of his books, he says that after much hemming-and-hawing about it over the years, he doesn't bother with ANY releases unless the situation specifically calls for it. So most of his best and most recognized photos never had a model release.
He also refers to cases he's seen where a photographer walks through a crowd photographing people, and an assistant follows behind, trying to get everyone to sign a release.
Imagine a shot of a sports stadium, with thousands of people in the photo.... no way everyone signed a release.
I'd suggest that if you are doing a series of shots featuring specific people ("models"), then you need to have a release for each of those people.
If you take a photo of someone on a mountain peak from a mile away, you don't need to worry about it. Anything in between is, of course, at your discretion; but realize that it may be much ado about nothing.
The big question is: "if this photo is widely published, and this person sees the photo, will he/she want to sue me for damages, royalties etc.".
And, what is "editorial" use vs. "commercial" use?
There is a lot of gray area in this subject. I'm looking forward to hearing what others have to say.
In any event good luck and congrats on the gig.
Brian
Sorry this was a bit OT. I think I'll survive the experience, but I'm going to have to invent an alias for the guy who looks like me and uses my camera, but takes pictures with people in them!