Since most of my photography of people has been as a contracted photographer for weddings and portraits, as well as quite a bit of editorial use in journalism, I haven't had to deal with model releases.
I'll be photographing a series of trails this summer for contribution to a book on hiking trails, and since whenever possible I'll want people in these images, my question to you all is: Do I need model releases for this type of publication? The publisher is a regional for-profit company.
In a nutshell, yes. The only thing that does not require a model release a photograph taken for purely journalistic use. Any photo taken for commercial use must have a model release specifying exactly how the image will be used (technically, that includes your wedding photos as well. It's part of my contract so the B&G are covered, and the guests tend not to complain). Uses that I specify are prints for sale or self-promotion, advertising materials, display on the web, inclusion in DVD slideshows, etc.
One other very important point... A person cannot sign away the right to control the use of their recognizable image without receiving valuable consideration in return. That valuable consideration can be cash, prints, or even something as little as taking their email address and sending them an electronic copy of the image you take. The valuable consideration must be specified in the release and its receipt must be acknowledge by the model, or the release is worthless.
And one last tidbit... My release also requires that any legal action resulting from execution of the contract (release) can only take place in the state and county in which I reside, and two parties agree that the contract is subject to the laws of that county and state. That saves you from having to answer a complaint thousands of miles from your home.
And you thought I was finished... A key word a couple paragraphs up is "recognizable". You can shoot the back end of someone without a model release.
I'm also just now finalizing a new wedding contract that already includes most of the aspects you discussed (although not the requirement that legal wrangling take place in the state and county the image was shot, which sounds like a tremendous idea), and I'll gladly take a look at your release if you'll zip it over to stevefossimages@yahoo.com.
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3 repliesSince most of my photography of people has been as a contracted photographer for weddings and portraits, as well as quite a bit of editorial use in journalism, I haven't had to deal with model releases.
I'll be photographing a series of trails this summer for contribution to a book on hiking trails, and since whenever possible I'll want people in these images, my question to you all is: Do I need model releases for this type of publication? The publisher is a regional for-profit company.
Thanks.
One other very important point... A person cannot sign away the right to control the use of their recognizable image without receiving valuable consideration in return. That valuable consideration can be cash, prints, or even something as little as taking their email address and sending them an electronic copy of the image you take. The valuable consideration must be specified in the release and its receipt must be acknowledge by the model, or the release is worthless.
And one last tidbit... My release also requires that any legal action resulting from execution of the contract (release) can only take place in the state and county in which I reside, and two parties agree that the contract is subject to the laws of that county and state. That saves you from having to answer a complaint thousands of miles from your home.
And you thought I was finished... A key word a couple paragraphs up is "recognizable". You can shoot the back end of someone without a model release.
If you would like, I'll send you a copy of mine.
I'm also just now finalizing a new wedding contract that already includes most of the aspects you discussed (although not the requirement that legal wrangling take place in the state and county the image was shot, which sounds like a tremendous idea), and I'll gladly take a look at your release if you'll zip it over to stevefossimages@yahoo.com.
And thanks very much for the help.
I love this place.