Sorry...still unclear on this release issue

Northwestbob

I have been shooting for some time professionally in Real Estate and have been told that I also get great people shots. Recently I was asked to do a shoot at a major convention event coming later this month where people will receive prizes for recognition in sales. There could be a LOT of people there receiving awards and just having fun. I am talking hundreds if not thousands of people. I am not clear on the business of releases.

In this case the photos would be taken of individuals and would be offered for sale on smugmug perhaps in a private gallery such as done for weddings. The question is...just as with weddings or other events such as little league baseball, when you offer the photos to the people that attended the event am I correct in assuming you don't need a release as long as you are not using the photos in other commercial pursuits.

How do you control who might buy the photo and where it goes or how it is used if purchaced by other than the person that it was taken of?
It would be impossible to get releases from everyone. I assume no releases are taken by the photographers that are shooting amature sports events and offering the shots to the participants as opposed to trying to sell them as stock photography. How do you make the distinction as to how the photo may ultimately be used. Can anyone clarify? I see quite a few galleries where many people were photographed and the photos are offered for sale...how do you offer them in a way that does not require a release? Thank you

Andy

Northwestbob wrote:

I have been shooting for some time professionally in Real Estate and have been told that I also get great people shots. Recently I was asked to do a shoot at a major convention event coming later this month where people will receive prizes for recognition in sales. There could be a LOT of people there receiving awards and just having fun. I am talking hundreds if not thousands of people. I am not clear on the business of releases.

In this case the photos would be taken of individuals and would be offered for sale on smugmug perhaps in a private gallery such as done for weddings. The question is...just as with weddings or other events such as little league baseball, when you offer the photos to the people that attended the event am I correct in assuming you don't need a release as long as you are not using the photos in other commercial pursuits.

How do you control who might buy the photo and where it goes or how it is used if purchaced by other than the person that it was taken of?
It would be impossible to get releases from everyone. I assume no releases are taken by the photographers that are shooting amature sports events and offering the shots to the participants as opposed to trying to sell them as stock photography. How do you make the distinction as to how the photo may ultimately be used. Can anyone clarify? I see quite a few galleries where many people were photographed and the photos are offered for sale...how do you offer them in a way that does not require a release? Thank you

Some of the best resource on the subject is right here, and it's sticky in this forum:
http://www.danheller.com/model-release.html

Bodley

Northwestbob wrote:

I have been shooting for some time professionally in Real Estate and have been told that I also get great people shots. Recently I was asked to do a shoot at a major convention event coming later this month where people will receive prizes for recognition in sales. There could be a LOT of people there receiving awards and just having fun. I am talking hundreds if not thousands of people. I am not clear on the business of releases.

In this case the photos would be taken of individuals and would be offered for sale on smugmug perhaps in a private gallery such as done for weddings. The question is...just as with weddings or other events such as little league baseball, when you offer the photos to the people that attended the event am I correct in assuming you don't need a release as long as you are not using the photos in other commercial pursuits.

How do you control who might buy the photo and where it goes or how it is used if purchaced by other than the person that it was taken of?
It would be impossible to get releases from everyone. I assume no releases are taken by the photographers that are shooting amature sports events and offering the shots to the participants as opposed to trying to sell them as stock photography. How do you make the distinction as to how the photo may ultimately be used. Can anyone clarify? I see quite a few galleries where many people were photographed and the photos are offered for sale...how do you offer them in a way that does not require a release? Thank you

First let me say, SHAME on Andy - He should have said Welcome Aboard since this is your inaugural post and he's SuperMod.

Let me say WELCOME ABOARD This is a great community.

Release issues - It's been hard for me to handle on this issue. Every time I figure it out I run across another post that blows it out of the water.

I'm shooting sports. One thing I've started doing is adding a release clause at the bottom of my order forms. If it's a pre-season T&I shoot I include language for the entire season. So far I've not even been questioned (knock on wood). Probably because they know me or about me. I don't use any photo's I take in my advertising unless I have a release. As far as online, I monitor who buys and so far no problems. What could I do if I detected a problem, I don't know.

I'm comfortable with what I'm doing. Shooting sports and selling for personal use only. Everyone there knows what I'm doing and can tell me they don't want their child shot. After all I'm on the field with a camera/lens combo as big as a small child it's not like I'm hiding. At other events, Weddings etc.., there is an expectation of photographers taking photo's. If someone puts themselves in that environment there is an foreseeable expectation they will have their picture taken. Their options are to stay at home or talk to the photographer.

I'm pressed for time now but will respond later with more (unless someone else covers my thoughts)

I'm not a lawyer - and this is not legal advice and any use is at your risk. You may want to consult a lawyer for your protection.

Good Luck,

Andy

Bodley wrote:

First let me say, SHAME on Andy - He should have said Welcome Aboard since this is your inaugural post and he's SuperMod.

Let me say WELCOME ABOARD This is a great community. ,

:toni beat me! Terribly sorry about that

Northwestbob

Andy wrote:

:toni beat me! Terribly sorry about that

Thank you for the warm welcome. Well, I guess I am still a bit confused. Seems like unless you are shooting for commercial or stock photography a number of folks just don't get too concerned. I have been taking photos for years at various events and always get good comments. I just thought if I post them here with a small markup it would keep the people happy while making it worthwhile for me. Just not sure what the odd one might say if they saw their faces on an Internet site with prices attached for the print. Apparently some of the posters have been doing it for quite awhile without problems so I guess I shouldn't be too concerned. Anyone with other thoughts on how they handle the situation would be appreciated. And again thanks for the greeting. There seems to be just a tremendous amount of information available here. Bob

wxwax

In the situation you describe, who's likely to buy the images, other than the people depicted in them?

No-one, I'm guessing. If that's true, then it makes the issue of releases moot.