Photo Credit Dilemma

kitkos

I am sort of in the same situation here that Quadracer041 is in his thread http://dgrin.com/showthread.php?t=207665

and could use some advise.

Cut to the chase...
Is there a photo release document somewhere that covers what someone can use one of my pictures for?

The story...
I recently shot pictures of the Bikes, Blues and BBQ festival in Fayetteville, AR

The official BB&BBQ website has many of my (low-res) pictures on their site http://www.bikesbluesandbbq.org/. They have them in a slide show on the main page and then a link to my personal site (smugmug) on their PHOTO page. My personal site http://www.GotGamePix.com
I did this to drive traffic to my site since many of the people I shot pictures of were on bikes and had no way to know who I was or where my pictures would be.

The head dude of the BB&BBQ Organization contacted me today and said they love some of my photos and would like to use them in promoting next years event. I am willing to let them use them for free since this is a Non-Profit and I would get tons of credit.

The catch...
Not only will BB&BBQ use them but the company that donates all of the printing of brochures etc. for them wants high-res copies.
There is one picture in particular that they want rights to. http://www.gotgamepix.com/Wheels/Motorcycles/2011-Bikes-Blues/19275190_BkDP33#1504866101_xF3bdNJ
Interesting to me that the release document that they sent to me to sign was a Model Release and not any sort of photo release. It was the typical "we can use your likeness any way we want, any time we want." contract that all of us carry in our camera bag.

The dilemma...
I would LOVE to have the main picture used this next year promoting BB&BBQ be mine but the very least I want is Photo Credit every time it is published.
I would only like to give them the rights to use it in promoting the festival and not to resell or use for any other purpose.

Is there a fill-in the blanks type Photo Release out there that I can use to release this picture under my terms?

Thanks in advance,
Clayton

btw - I just got started in this business and my website is far from complete. So blast away at my prices, photos, cropping, white balance, focus, and everything else that suits you. I have broad shoulders and can take it.

Angelo

someone is misguided or misunderstanding what they're dealing with

the printing company most probably wants the model releases not as permission from you to print them but from the people represented in the photo(s) - which I assume you could never provide considering the scope of the event and the myriad number of individuals.

as for your original question: you don't want a release, you want to provide a limited use contract for the photo(s) specifying the limitations. Samples of such contracts can be found in some of the various links in the "Photographer's Resources" sticky thread at the top of this forum.

Good luck

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kitkos

thanks Angelo.
I started there and found lots of copyright information for infringement but did not find any example or fill in the blank contracts.
Only after I exhausted that avenue did i post here.
Maybe my eyes missed it but it sure wasn't obvious.

Clayton

Angelo

you don't really need a complicated, fill-in-the-blanks type contract. Just write up a simple paragraph detailing the permissions granted and have all parties involved sign.

did you searched through the "photoattorney" site?

here's one possible helper: http://www.photoattorney.com/?p=1946

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kitkos

I will look today. Thanks.
About the Model Release.
Since I do not know this person that is the main subject of this picture, aren't I covered using it without a model release, as long as I am not selling it?

Angelo

in essence you are selling it. You're being asked to grant permission to the printer to use the image of another person for commercial purposes. It matters not if money changes hands.

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kitkos

... so you are saying I MUST have a Model Release or you are saying I do NOT need a model release?
I am not being paid.
BB&BBQ is not being paid.

I have no clue who this person is.

Angelo

kitkos wrote: »

... so you are saying I MUST have a Model Release or you are saying I do NOT need a model release?
I am not being paid.
BB&BBQ is not being paid.

I have no clue who this person is.

this is getting confusing

in your first post you mention two things:

a) a photo release. I answered that for you in posts #2 & #4 - give them a letter granting permission to use (license) the image for the specified site and time duration as you see fit.

b) the person printing the brochures sent you a model release. I answered this in posts #2 & #5 - but let me put it this way: You own an image containing a recognizable person(s) which is being sought for use in a printed brochure for a viable organization. It does not matter if the organization is charitable. It does NOT matter if you do not get paid for the image. The printer has NO RIGHT to publish that image for commercial purposes (promoting the event is a commercial purpose) without a model release for each and every recognizable person(s) depicted in the photograph. He assumes you know the subjects so he's asking you to acquire the release(s)

An alternative to a model release, if you choose to pursue this avenue, is to have the charitable organization prepare a "hold-harmless" contract for you and the printer, thereby taking responsibility should anyone depicted in the photograph take issue with its use. A disgruntled person might think twice about suing a charity.

Hope this helps.



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Jamfore

You can get several legal forms from "The Photo Attorney" Carolyn Wright.

http://www.photoattorney.com/


mod edit: also linked in post #4


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