Approaching for Model Release

[Michael Boggan]

This weekend i set up a set under a tent at our church pumpkin patch and did some photos for those that wanted. I had a little HP SmartGo(?) 475 printer and charged them $5 for a 4x6 print right there on the spot. It did ok. Had a few parents with there kids there and did some nice shots for them. I got there contact information and saved the image # so that if they wanted to contact me later for additional copies or larger lab quality prints I would have it.

Now that I go back and look at them, there are a couple of images that I would like to use for my website gallery. Does anyone have any suggestions on the best way to approach them about getting model releases signed so that I can use them. I don't want them to think that I am going to misuse pictures of them or there children or anything, so I am looking for a very tactful way of doing this. Thanks.

[Wil_Bloodworth]

You don't need a model release for your website (AFAIK), you should only need a release if you wanted to sell those photos to someone else.

I could be wrong but I think that's the way it works.

- Wil

[Steelsun]

I believe there have been some ruling otherwise: saying that portfolio shots/website shots may be advertising (for you), thus would require a consent/release.

It's really gone both ways, and will continue to do so. All depends on the lawyers, judges, and particular circumstances.

[Gordon]

There's also the difference between what's legal to do and what's right to do.

While you may or may not be legally allowed to use the photos you took at church on your web site without the parents permission, asking is probably the right thing to do.

Personally I'd just be up front with them. Tell them you were really happy with the pictures you took of their child in your set and that you'd like their permission to use them on your website to show off your talents. Ask them if they would be okay with this and be ready for them to say no. If they do - just accept it - go on to the next set of parents. You'll find some that are flattered and some that are worried - just go with the ones that are happy for you to use them.

If they do allow you to use it, you might want to give them a free print as a thank you.

[Michael Boggan]

I agree. as a parent, i feel i should ask. I wouldn't want anyone using pictures of my kids without permission as well.

[CaptainTom]

Originally Posted by Gordon

There's also the difference between what's legal to do and what's right to do.

While you may or may not be legally allowed to use the photos you took at church on your web site without the parents permission, asking is probably the right thing to do.

Personally I'd just be up front with them. Tell them you were really happy with the pictures you took of their child in your set and that you'd like their permission to use them on your website to show off your talents. Ask them if they would be okay with this and be ready for them to say no. If they do - just accept it - go on to the next set of parents. You'll find some that are flattered and some that are worried - just go with the ones that are happy for you to use them.

If they do allow you to use it, you might want to give them a free print as a thank you.

A very reasonable approach

[keefeborden]

Other photographers have already pointed out that it is probably a good idea from an ethical standpoint to ask beforehand. I tend to agree. From a legal standpoint, my understanding is that you need a model release for anyone whose image is used for a commercial purpose. If it's for editorial use, then you don't need a release. I'm honestly not sure if your own website is considered commercial or editorial, but I tend to think it would be commercial if you're using it to sell your own photographic services. The best way to be sure is to ask an attorney who specializes in this field. Expensive, I know, but safe....

As for your original question.... how to approach one of these people for permission, I would say something like: "I'm very proud of this particular shot and I think a lot of people would enjoy seeing it ... Would you mind if I put it on my own website as an example of the kind of work that I'm capable of producing?" If they agree, then ask for that in writing. If they don't, then you probably should respect their wishes. I suspect that if they thought about it for any length of time, they would appreciate the fact that you asked in advance. They still might not agree, but they would have to recognize that you took into consideration their thoughts in advance and respected their wishes in the end.

Good luck with the website, Keefe.