Releases for family portraits

mattmcc

I've mainly been shooting individuals, so I don't have much experience here. When you do a family portrait, do you have every single person in the session sign a contract (including parents signing for children when necessary)?

It just seems like a ton of paperwork just to secure the ability to use images in a portfolio if you're having 5 or more people involved.

How does this work for you?

Matt

~Jan~

I had this EXACT scenario Tuesday night. It was someone I went to grad school with and know quite well, though, so I just had the mom sign one copy even though her kids aren't minors. I'm not too worried about it since I know her well...but with strangers maybe 5 different releases are in order? Or maybe they could all 5 sign the same one?

mattmcc

~Jan~ wrote:

I had this EXACT scenario Tuesday night. It was someone I went to grad school with and know quite well, though, so I just had the mom sign one copy even though her kids aren't minors. I'm not too worried about it since I know her well...but with strangers maybe 5 different releases are in order? Or maybe they could all 5 sign the same one?

On the same note, I'm wondering about the use of event photography in a portfolio. Does one require releases from any recognizable faces if you're shooting, say, a school theatre banquet? Or is placing images in your portfolio not considered commercial advertising?

Matt

jdryan3

mattmcc wrote:

It just seems like a ton of paperwork just to secure the ability to use images in a portfolio if you're having 5 or more people involved.

How does this work for you?
Matt

In a similar vein, I shot a musical group recently. Tom Smith and his Great Group. Do I need for all band members to sign? Only Tom? Tom/Great Group's Manager? There was a guest appearance by another (solo) artist, and I'm fairly sure I would need a separate release for him. Does it depend upon the legal structure of the band?

Angelo

mattmcc wrote:

I've mainly been shooting individuals, so I don't have much experience here. When you do a family portrait, do you have every single person in the session sign a contract (including parents signing for children when necessary)?

It just seems like a ton of paperwork just to secure the ability to use images in a portfolio if you're having 5 or more people involved.

How does this work for you?

Matt

Matt: Your headline and post are confusing. Are you asking about releases or contracts?

a) You don't need releases for non-commercial use of images.
b) Your contract need only be signed by the person paying you.

mattmcc

Angelo wrote:

Matt: Your headline and post are confusing. Are you asking about releases or contracts?

a) You don't need releases for non-commercial use of images.
b) Your contract need only be signed by the person paying you.

Sorry about that. I am talking about releases, but often times the release is incorporated into the contract. At least my individual portrait contracts contain a release clause.

As for a), I realize this, but I am concerned with whether or not using the image in my portfolio constitutes a commercial use. If it doesn't, great. How about my page's slideshow? Permanently fixed to the logo (see my site)?

If I desire commercial use, I can have everyone sign the contract assuming it contains a provision regarding this, right? Or must I have seperate contracts and model releases?

Thanks!

Matt

Angelo

mattmcc wrote:

Sorry about that. I am talking about releases, but often times the release is incorporated into the contract. At least my individual portrait contracts contain a release clause.

As for a), I realize this, but I am concerned with whether or not using the image in my portfolio constitutes a commercial use. If it doesn't, great. How about my page's slideshow? Permanently fixed to the logo (see my site)?

If I desire commercial use, I can have everyone sign the contract assuming it contains a provision regarding this, right? Or must I have seperate contracts and model releases?

Thanks!

Matt

commercial use is the sale of your photograph to a legal entity for the purpose of advertising, etc. Example: Your photograph is used on a box of cereal or a print ad for toilet paper.

Even in those situations, it's the advertising agency, their client or the publisher / printer who needs to be most concerned with releases.

(use on your website or in your portfolio is NOT commercial use)



As for the signators to a contract: If one member of a group takes legal responsibility for all members of the group, that isn't really your problem. Just be certain you have boilerplate that spells out that responsibility and a hold-harmless clause.

evoryware

As I see for this contest I'm considering entering, I need a release for every recognizable person in the photograph or it's disqualified.
C
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A