Selling prints without model release?

gary718

Here are my qyestion and SM's response. I am confused...>

Dear SM Support,
>
> I have trouble to understand the concept that everyone can buy a print
> or poster-size print from SM, and used for anything without any contract
> agreement. For example, there are many Times Square photos in
> SM (including recognizable faces, brand names, logos, or trademark
> items) posted by either a regular person (snap shot) or a professional
> photographer (making money).
>
> Say a buyer bought 1000 posters from SM at $200 each, and then sell it
> for $300 each. Person in the photo may sue: 1) seller, 2) SM, 3).
> photographer.


> When you buy print from SM, there is no license agreement next to the
> order button. Even a person sees a himself/herself in a photo on SM
> gallery for sale for print, he/she may question SM why to offer a sale
> (photo can be used for anything) without a model release. Many people in
> SM may not realize their photos in SM are on sale for everyone to buy
> without getting any money (certainly, only printing company makes money).
>
> I would appreciated your kindly clarification.
>
> Thanks,

*** SM's respose
As a professional,it's up to you to license the usage of your prints as
well. So you can state on your website, exactly how the prints may be
used, and for what purpose.

If you'd like help setting up such a page, we can help you. Post a
question in the customizing forum on Dgrin - Head on over to Dgrin -
it's our photography, support, and customizing forum.

Scott_Quier

Disclaimer - I'm no lawyer ... what I write below is worth almost as much as you paid to read it.

All kinds of issues noted:

• Times Square photos - This is not trademark infingement if the photograph is not "focusing on" a particular TM item, such as a logo. If you have a Coke sign, a garbage can, a hotel, and a diner in the photo, no rub. If your photo has just the Coke sign, then there might be an issue. It's the intent of the photo that comes into play here.
• People in a crowd - no issues for model release, whether the face(s) are recognizable or not. If you have only 2 or three, now it might be good idea to get the model release before going to sales. There is a head-count threshhold on this, but I don't remember what it is.
• The SM response is quite clear. It's up to you to know what you are doing. They are not in the business of offering legal advice. If you clearly state on your web-site the extent to which your photos may be used, then you, at least, are in the clear. Regardless of what you do or don't do, SM is not libel and have probably paid for competent legal advice in this matter before ever starting their business.
• The people on the customization forum are all, without exception, very helpful and friendly and will help in whatever manner they can.

I truely hope this has helped.