Model Release

[OneShot]

So say I have a girl come in, I take some photos, and she goes on her way without signing a release. What happens now, am I free to do and use the photos?


Just wondering...

[Paulo]

If you're planning to use the images for advertising either in print or your website, you'll need a signed model release. In this situation, I'd mail them a copy of a model release form to sign and include a self-addressed stamped envelope.

[jonnydonut]

yeah unfortunately you do need a release.. i think.

I know people will rip me to shreds for saying this, but if you know him or her well, and you send the photo in an email asking "can I use this in my portfolio" and they reply "yes". I wouldn't sweat over it. You have their permission in writing. My best friend, and some family are in my portfolio and they didn't sign releases.

If it's a stranger, you better get a signature and maybe even a witness. If you want to use the picture in anything other than an online portfolio, you need a contract, (even for family). If they hired you, you need an agreement that you can use the picture.

I don't know the laws solid. See, I'll go to a thanksgiving party at a friends, take pictures of everything including strangers and then upload them to facebook, that's allowed? But, as I understand, if their in your portfolio, then it's considered "advertising" (for yourself or your company) and a release should be required.

Just be smart about it. I was in a situation once where I assumed, "they won't care" and they did. Luckily I didn't do anything stupid from there. I've also had a nude shoot before where someone signed a release and a year or so later asked me to take the photo down, which I did. Respect what they want, reputation is very important, and always be upfront about what you plan to use the photos for before shoots. Never settle with verbal agreements, write out an agreement on a napkin if you must.

[Paulo]

It really depends on your intent of use with the images captured. It's just safer & more professional to have a signed model release. Even if it's friends or families, it's better to keeps things professional to help alleviate possible headache down the road. For example, if you decide to enter one of your images for competition down the line or have it published somewhere, organizations will require a copy of a signed model release form.

[photostein]

Originally Posted by OneShot

So say I have a girl come in, I take some photos, and she goes on her way without signing a release. What happens now, am I free to do and use the photos?


Just wondering...

I would definitely get her back in to sign, or mail you a signed release. You just don't want to flirt with the legal side of this by taking chances over an easily obtainable signature.

[OneShot]

Thanks for the info everyone!

[110240]

so say you take down the pictures (understanding the legal ramifications of not having a model release) but the model still uses your pictures to promote herself...

Is that still a violation of copyright?

[CaptainTom]

Originally Posted by 110240

so say you take down the pictures (understanding the legal ramifications of not having a model release) but the model still uses your pictures to promote herself...

Is that still a violation of copyright?

When you use her photos without her permission that is not a copyright violation. That comes under terms of use. She could sue you for making money from her image.
When she uses the photos without your permission, since you are the copyright holder, she is in violation of the copyright. You would sue her for copyright violation.

When you both sign a proper model release, and there are dozens of examples posted all over this forum, you both can use the photos as outlined in the particular release you use.

[Kym Kilcrease]

Were can I get a Model Release? Is there an official release. I just typed a MEMO:
Kym Kilcrease PHotography chooses to use these pictures for promotions, ad, and website and have it signed by the Parent...

[CaptainTom]

I don't want to sound unkind, but if someone is operating as a professional or semi professional photographer they should have some idea of the law and rules surrounding that occupation. DBA, Sales Tax, OSHA, contracts are all part of doing business. Attend one of the many business seminars offered here and elsewhere. There are books written. The internet is a place of wonder if you search.



That said ( as i climb down from my hi-horse ) Model Releases can be found HERE !

[110240]

How difficult is it to 'sue' someone... I know it happens all the time in the U.S. just how do you do it?

[CaptainTom]

Originally Posted by 110240

How difficult is it to 'sue' someone... I know it happens all the time in the U.S. just how do you do it?

Hire a lawyer. They take care of the rest. After they've emptied your bank account.

[OneShot]

Originally Posted by CaptainTom

I don't want to sound unkind, but if someone is operating as a professional or semi professional photographer they should have some idea of the law and rules surrounding that occupation. DBA, Sales Tax, OSHA, contracts are all part of doing business. Attend one of the many business seminars offered here and elsewhere. There are books written. The internet is a place of wonder if you search.



That said ( as i climb down from my hi-horse ) Model Releases can be found HERE !

Its not unkind, its the truth, I have a DBA, but I have never done modeling photos, I have only done drag racing, wich there by them having a ticket to an event is our "release" So I am new to the modeling side of this. I have just been shooting a few of my good friends so far and thats it, just for practice, I havnt used any of the images.

[jonnydonut]

at least he's getting the answers and has a DBA. I know a lot of folks who are operating very shady "photography businesses". I'll call them out ever so often.

[island bound]

That's why I do a contact with EVERYONE, even if it is a no-charge contract.
I have a model release as one of the line items.