Model Release and Photo Use questions.

[firebuffgal]

I have a unique situation. Okay maybe not to some of you guys, but to me it is and I'm hoping for some direction.

I am a graphic designer who uses stock photos. (This info is part of the puzzle.)

For more than 8 years, I have taken photos of a city fire department as a hobby. The photos are used for archiving and training purposes, firefighters use them for their scrapbooks and gifts and they are also submitted to the local paper as a form of PR.

Now I want to be able to use these photos in my client's materials such as brochures, trade show graphics, car wraps, etc. for several different clients.

The department claims no rights to the photos and never have and I can do what I want with the photos. I am welcomed by the fire dept to take as many and all photos as I want - they even issued me bunker gear. I can take photos of the firefighters, identifiable or not. At times I am on the public street, but most times I am on private property.

So my question: Do I need a model release for identifiable firefighters? They are NOT compensated nor were they modeling. They were working. My primary goal when I am on scene is archiving an incident. Secondary, photojournalism. Thirdly, people pleasing shots.

Why would I need one if I am using the photo for materials I am designing? My client does not get to have the photo as I am not charging them for the use of said photo.

Which brings on the next question: what if my client wants to purchase the photo I used in their brochure? Do I need a model release form and is it required to compensate the firefighter? Remember, these firefighters are NOT modeling, they are doing their job.

What about photos where there is no identifiable firefighters? Can I use and sell those without issues?

This is an example of an identifiable firefighter, though he was NOT posing nor was he modeling:



And this for a nonidentifiable:


I'd appreciate some direction here. I looked at a web page SWatters posted (can’t find it now) but could not find answers considering NONE of my subjects are modeling. So not sure what to do.

I have no issues going to the fire chief or city manager and requesting a waiver be signed to allow me to use and sell these photos without recourse and without the need for a model release form. I am sure they would be okay with that and I would be okay with some kind of compromise, too, if they didn’t want identifiable firefighters used.

Sorry so long!!

[boomerd35]

Good question. I'm guessing there will be different points of view regarding this situation. Hopefully somebody who has experience with this will share their knowledge.

[andyz]

I am not a lawyer, but if you're using them commercially and this is not photojournalism/newsworthy such as for a newspaper, most often a release is necessary for recognizable people. I don't know that it matters that they're working.

[MarcoLaino]

If you are using photos taken of people for your personal financial gain, in a pure commercial endeavour, other than as a photojournalist shooting a newsworthy event for publication in a news medium, then you are going to need to get Release Forms from those individuals whose likeness is identifiable in the images you are using.

The issue is not whether they were "modeling" or not, or that they were simply doing their jobs at the time you took the photos. This issue is that you are going to use a photo taken of an identifiable individual for your personal commercial purposes (or for your client's commercial purposes) without that individual's consent and without providing them compensation - you could get sued for unauthorized use of their likeness for your commercial gain.

It is best for you to show the photos that you would like to use in your client's brochures, etc. to the Fire Chief, have him identify the recognizable firefighters in the photo, and get Releases from each of those individuals. The Fire Department cannot give you a blanket release because you are using photos of Individuals, each of whom have the right to either be compensated for use of their image in your commercial activity, or have the opportunity to waive (ie: release) use of the photos by you and waive any remuneration for use of their image in your commercial endeavours.

Hope that helps - bottom line is - if the individual in the image is identifiable and you are going to use their image for commercial purposes, then you need to obtain a release from them authorizing your commercial use of their image which should contain language in which you agree to pay them $X for use of their image, or in which they waive any compensation from you for commercial use of their image.

[firebuffgal]

Thanks, Andy. Makes sense to me.

Thanks, Marco, your detailed input is very much appreciated and answers my questions. Too bad I can't do a waiver to encompass all individuals though I understand why.

With regard to the commercial and modeling aspects, then I would assume Thomas E. Franklin (or The Record) who took the shot of the firefighters raising the flag over Ground Zero at the towers on 9/11 would have obtained a model release from all three of them. Otherwise they would not be able to sell those posters ethically (or is it legally?), right?

Again thanks for the insight and information.

[firebuffgal]

Oops, another question. What kind of release form do I need? I looked at TPF member's SRWatters' form but it is not geared to Commercial.

Also, where may I find a form that I give to a client who wants to use or purchase a photo of mine?

Thanks in advance!

[andyz]

I have seen some forms mentioned here. You may be able to search and even find the form.

As to how the releases are required, you bring up a good question. There is a fine line between some editorial photos and commercial work. If the photo is sold to a newspaper or magazine the release isn't necessary as its a freedom of the press issue. But when they're commercial, it is a privacy issue and a release is needed.

For some of the pros and semi-pros out there -- you go to the youth league and snap photos of the kids in whatever event happens to be going on. You upload these or print on-site and offer them for sale so the parents can enjoy the moment forever. Do you get releases from the parents of the other kids in the photos?

[Aric C. Hoek]

Imagine if one of the images you use gets used in a brochure for a company that gets printed over a million times over the next ten years. How will you feel about that if you do not have a release on file?

[Outlaw]

Not a lawyer etc., but from my experience, if you use any of these images to 'advertise' your business, such as an 'ad' in the form of a car wrap or something similar, then you are indicating the identifiable subjects in your images endorse you/your product; which would require a release.

If you are simply displaying the images for the sake of displaying them, such as in a portfolio (online or otherwise), then you are stating that you took the photo - you are not attempting to state that that person in the photo endorses your product. The same could be argued with ads, but there's legal precedent that says otherwise, so no gray area there.

Regarding event photos placed for sale on a web site without releases, youth or otherwise, I can say that I have done so for eight years with no release, no waivers, no permission, and no problems whatsoever. I had one parent ask for one photo of one child to be taken off the site, only because there were issues with a separated parent. She was polite, her request honored, and no worries.

With anything we do, there's plenty of what-if's because the rules in some cases are determined as we go.

I try to work under the goal of 'doing the right thing.' If I'm using someone's picture for commercial purposes, I want to know (via release) that they are okay with that. If I felt someone would have a problem with me using/displaying their image, I would either contact them or simply not use the image, even if I legally could. Consistent goodwill is worth more than getting my way.

So I agree with those above; contact the fire chief, get identifications and talk to those firefighters. Getting a release is a good courtesy and will ensure no problems, personally or legally.

[jrkotrla]

One thing to keep in mind is form of compensation. You might want to get an overall read on model releases at Dan Heller's website. Specifically Secition 6.5.

The tricky thing with model releases is there is no hard and fast rule. One reason most youth/event photographers don't require a release is the primary usage is for sale to the individual in the photograph.

[firebuffgal]

Originally Posted by andyz

I have seen some forms mentioned here. You may be able to search and even find the form.

Thanks, I did before posting this question. The search feature is not all that helpful, IMO.

Hoping for some more input on finding a commercial model release....

[firebuffgal]

James, thanks for your input. You too Aric.

Originally Posted by Outlaw

So I agree with those above; contact the fire chief, get identifications and talk to those firefighters. Getting a release is a good courtesy and will ensure no problems, personally or legally.

What's really cool is that since I've been done this for over 8 years I know all the guys personally. They will have absolutley no problems signing a release. And I am sure most will not accept any kind of payment whatsoever.

And John, thanks for the link. That's the link I was referring to. I guess I could alwyas give an 8 x10 of the photo to the firefighter in lieu of money, if they agree... and I know they will!

[firebuffgal]

Okay, I reread some of Heller's comments and saw this Sample Model Release he posted. Is that enough (if I add a compensation line)?:

For valuable consideration received, I hereby grant to , and his legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of me, or in which I may be included, for editorial trade, advertising and any other purpose and in any manner and medium; and to alter the same without restriction. I hereby release photographer and his legal representatives and assigns from all claims and liability relating to said photographs.
Name:
Address:
Phone: ()
Email:
Signature:



Also, when I create a release for Firefighter John Doe, do I need to do a different release for all the photos he is in? Or can I list all the photos I need a release for onto one form?

[andyz]

That doesn't look bad to me. While it is short, you don't want to scare off a subject with legalease.

I carry one from a Pop Photo article, March 2006, that was part of an article on getting releases. There are four others online from an Oct 2004 article, http://www.popphoto.com/popularphoto...l-hassles.html .

* Pocket Release
* Adult Release
* Simplified Adult Release
* Minor Release

[firebuffgal]

Andy, thanks for the link!! I appreciate your asistance very much. I went to Mpix forums and found one that is similar to the Adult Release so this solidifies what I intend to use.

Just curious, when a photog goes to say, Nepal, I assume he gets a signed model release of the subjects there? I guess he has a translator that helps him get it signed. After being educated on this subject, I can't imagine National Geographic photogs capturing photos of people without a release.