Image use question.

dlscott56 · November 2, 2012

Does everyone have their client sign some sort of release form if they are taking images for portraits? For example family portraits or head shots. And if you have taken photos like this of adults, without getting a release, do you have the right to use the images for your own portfolio or advertising use?

I know there is some great information in the sticky for this forum but haven't gone through all of it yet.

Thanks.

angevin1 · November 3, 2012

dlscott56 wrote: »

Does everyone have their client sign some sort of release form if they are taking images for portraits? For example family portraits or head shots. And if you have taken photos like this of adults, without getting a release, do you have the right to use the images for your own portfolio or advertising use?

I know there is some great information in the sticky for this forum but haven't gone through all of it yet.

Thanks.

Dave it's like this.

Having a release does get you use of the photo however the release describes such use. Without it doesn't give you any permissions at all.

Most folks don't mind being included in a sit down portfolio-session that you have with future clients. But unless you ask, you'll never know. And as far as advertising, I'd venture thats the quickest way to get a bad rap, if not found in court without a release.

dlscott56 · November 3, 2012

angevin1 wrote: »

Dave it's like this.

Having a release does get you use of the photo however the release describes such use. Without it doesn't give you any permissions at all.

Most folks don't mind being included in a sit down portfolio-session that you have with future clients. But unless you ask, you'll never know. And as far as advertising, I'd venture thats the quickest way to get a bad rap, if not found in court without a release.

Thanks Tom. I have releases for most images I've used and verbal permission for the others.

I always thought that I owned the copyright of my images unless I contracted to give up that right to someone else. And, that I could use the images as long as they weren't sold, at which point I would need a release from anyone in them. Guess I have more reading to do as, from your description, it appears that I can't use the images at all without the release.

I've looked at some of the online release forms that I could find and most of them seem really long and intimidating looking. Are there condensed versions that don't make the client feel like they are signing their life away to me? Just curious what type of form others use.

Thanks again for your help.

MomaZunk · November 3, 2012

The model release is part of my contract that is signed prior to the shoot.

You still own the copyright regardless of a model release unless you signed an agreement to the contrary. Use for art or editorial may not require a model release. Typically when you use an image for advertising, you will definitely need a model release.

A couple of resources include:
http://asmp.org/
http://thecopyrightzone.com/

angevin1 · November 4, 2012

dlscott56 wrote: »

Thanks Tom. I have releases for most images I've used and verbal permission for the others.

I always thought that I owned the copyright of my images unless I contracted to give up that right to someone else. And, that I could use the images as long as they weren't sold, at which point I would need a release from anyone in them. Guess I have more reading to do as, from your description, it appears that I can't use the images at all without the release.

I've looked at some of the online release forms that I could find and most of them seem really long and intimidating looking. Are there condensed versions that don't make the client feel like they are signing their life away to me? Just curious what type of form others use.

Thanks again for your help.

I've not used a release for families and portrait sessions, but it would make sense to do so for several reasons; use and deliverable's for instance.

What I do and have done is when I realize I need some marketing material. I hire someone. I choose to pay someone to sit or do whatever it is I need done. A bunch of folks choose to TFP/TF-Dvd (Trade-For Print/Dvd), and that works too. My thinking being that paying someone forwards the idea of contractual binding AND they know right up front what they are being hired to do.

Having a Spread or Portfolio of your work/s to show at client meetings is within your rights. Most people are flattered that they might be included in such displays. The release is for those not so inclined.

dlscott56 · November 4, 2012

Thanks Tom and Dee. I'll check out the links and do some more reading.

Image use question.

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