Portland audubon are going to publish photo
I grabbed this shot over the weekend, originally intending to capture just the bird which was held by the handler but there were so many people around it I had to grab a few with others in it. They asked me to send some in so I did and they asked me if they could use this one on their site and in a publication.
The problem is that I don't know these people and didn't get a model release so I am not sure how it will work out.
The problem is that I don't know these people and didn't get a model release so I am not sure how it will work out.
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Of course I am not a lawyer, so asking one might not be a bad idea.
I am, also, not a laywer but my understanding meshes with GREAPER. Let them know that you don't have the release. At that point, if one is required, it is on them to make sure that one is obtained. They may come back to you asking for one. And, like you say, that could DNQ the entire proposition.
However there may be loop-holes that they can work to advantage. I just don't know the law so I don't know....
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Do you need a release if it's for editorial/reporting purposes? And why would you need a release if they're in public anyway? I thought the rule was, if you don't want to be photographed, don't be in public.
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For the most part, editorial, reportage and fine art galleries are exempt.
The photographer may be paid for the photo, and it can be used for editorial purposes. If they buy from you and use the phopo in an ad, or try to make money from it then a release is needed.
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Jeff
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Here's my favorite Portland Audobon shot-- went birding with a guy in Oaks Bottom for radio story and shot a couple pics along the way. This is my birds eye view of a bird watcher. 'Course this shot also has the benefit of the guy being unrecognizable-- meaning I could use it for commercial purposes without a release.
Portland, Oregon Photographer Pete Springer
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Wait, wait-- for anyone reading this-- you definitely don't want to move to Portland. It's wet and gray and rainy and full of weirdos. But feel free to visit!*
* p.s. that's a little Oregon humor-- we once had a governor (McCall) who told people. "You are welcome to visit Oregon, but please don't stay!"
Portland, Oregon Photographer Pete Springer
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I had no idea there was that many birds to look at on that trail, they told me it was mostly little birds right now so I didn't even bother to take a hike. I'll definitely keep that in mind next time I am over there. BTW, great shots in your gallery dogwood, very inspirational stuff.
... Portland is a lot like London except on a smaller scale, less parks, museums, squares down town and the weirdos there are much nicer than the weirdo's here. Forgot you have the Japanese Garden's (simply fab D) and the few off Mt Hood, Mt St helen's and then you have the coast just 1.5 hours to the west to visit, we're as we have have nadda, just can;t compete in my opinion. I'll be popping back pretty soon as Ptown is my favorite city in the US.
Cheers
HarjTT