Model release needed?

[susieo]

I live in Vernon, Texas where the county has recently built an event center for horse shows, rodeos, cuttings, etc. The county plans to build a web site advertising the center with a calendar of upcoming events.

I have offered to donate some action pictures for the web site. The first event will be a junior rodeo. If I take pictures of the kids competing, do I need a model release form completed before I can give them to the county?

Thanks for any information.

[PIC]

Not too many horses can sign their John Hancock.
Kids should have parent signature but not really required since its a public event.

[Truckman]

Originally Posted by PIC

Not too many horses can sign their John Hancock.

But Trigger could count to four...Some models can't do that......Ben

[CaptainTom]

Assuming the web site is a commercial venture to advertise for the center, I would get some sort of release to be careful, especially if children are involved. It shouldn't be hard, but some photographers take good pictures but don't have the personality to ask for the release.

Humorous comments aside, the horses are personal property and would need an owners release as well.

[cooltouch]

I'll take a slightly different view. Since the county is, pretty much by definition, a not-for-profit entity, I think you'll be okay without releases. Nonetheless, I'd ask them about their policy toward images, though.

[CaptainTom]

Originally Posted by cooltouch

I'll take a slightly different view. Since the county is, pretty much by definition, a not-for-profit entity, I think you'll be okay without releases. Nonetheless, I'd ask them about their policy toward images, though.

Where did you get the idea that not for profits were exempt from releases ?
I'd like to have that as a future resource if it is true.

A good resource for model release information is ASMP

The original question is fairly specific.

I have offered to donate some action pictures for the web site. The first event will be a junior rodeo. If I take pictures of the kids competing, do I need a model release form completed before I can give them to the county?

My answer would be NO !. It is not the photographers responsibility to determine whether the image will be used in a manner that would require a model release.

When an opportunity comes up for you to license an image to someone, it doesn't matter whether you have a release, it matters that you inform the client. So, your "modus operandi" is quite simple:

"Whenever licensing a photograph of a recognizable person, disclose whether you have a release from the subject."
As long as you fully disclose what you have, you are not liable for how the client may use the image.

from http://www.danheller.com/model-release-primer

[photojournalist]

If you're in public domain and shooting a public event, then you don't need a model release if the pictures are to be used for editorial purposes, even if they are kids. If it's for advertising, then that's different and you will need a model release.

[CaptainTom]

Originally Posted by photojournalist

If you're in public domain and shooting a public event, then you don't need a model release if the pictures are to be used for editorial purposes, even if they are kids. If it's for advertising, then that's different and you will need a model release.

Again, it is NOT THE PHOTOGRAPHERS responsibility to make sure there is a model release. The Licensee (in this case the city) is responsible.

Edit: If the licensee requires a release, and you don't have one, they likely won't buy/use the image. This assumes that the licensee has any idea about model release and liability and my experience is that they don't know/don't care.

[hotshot38]

As this comes up quite often, I keep a link to Andrew Kantor's comprehensive 'what you can shoot vs what you can publish' handy:

http://www.kantor.com/useful/Legal-R...tographers.pdf

It's a must-read for anyone (particularly those with professional looking equipement) in these post 9/11 days.

And of course, something I carry in my photo-bag just-in-case: http://www.krages.com/phoright.htm


-Sean

[cooltouch]

Originally Posted by CaptainTom

Where did you get the idea that not for profits were exempt from releases ?
I'd like to have that as a future resource if it is true.

A good resource for model release information is ASMP

Well, I read through the ASMP tutorial, and it really doesn't go into enough detail. If a non-profit or a public entity is using an image of a recognizable person or item of property to promote one of its operations, I guess my question would be, is this a commercial undertaking? I don't really think it is because the non-profit/public entity is not making a profit the way a commercial enterprise is, but hey, I'm not a lawyer. But the commercial aspect does seem to be the drawing line.

Anyway, I agree with you absolutely that the responsibility for a release, if one is required, rests entirely with the agency contracting the photographer's services. And without a firm knowledge of the law in this particular instance, it's simply prudent to play it safe, and get releases.

Best,

Michael

[KD5NRH]

Why not ask the county to work with the organizers to get releases? They already have at least some working relationship with the competitors, and if you're donating the work already, there's no reason they can't help out with the administrative parts.

[raevyncent]

Along the lines of Joe's answer, the county could add a clause about releasing photographic rights in with whatever other legal disclosures the competitors (or guardians) must sign, as i am sure there are releases for injury etc for a junior rodeo... just put it in with that.