When is a model release needed?

macmassey · November 16, 2012

I have a photo of a man in his shop working at his bench with his two dogs looking on. Its a great photo, at least I think so. The only thing is, do I need his consent to use it? I have heard mixed messages on this. Here is a link to the photo on my website. I would greatly appreciate anyone's input on this. Thanks much! http://www.davemasseyphotography.com/People/People/26549815_qf4bXk#!i=2218666041&k=KHK8ppw

MomaZunk · November 16, 2012

depends on your use.
Commercial use...yes
Otherwise, visible from a public street, maybe not
take a look at asmp's resources

macmassey · November 16, 2012

Well I actually was standing in his store at the time and shot the image "from the hip" so he's not aware I took it. It started out as just for my personal travel album but I am thinking about making it available for commercial use. I'll check out those resources. Thanks much. And I welcome anyone else's input as well. This forum is really great.

macmassey · November 16, 2012

On the ASMP website I see "Thus, privacy issues typically arise when an image is used for purposes of trade or advertising. That is, it’s not the picture, but how it is used that determines the need for a release. For instance, an image that is printed in a newspaper, shown in an exhibition or reproduced in a book might well be immune from a privacy suit. But the commercial sale of coffee mugs or t-shirts with the same image would probably not enjoy such protection. An advertisement almost certainly would not be immune." My thought was the image would be included in a "people" themed calendar or coffee table book. It sounds like I am better off getting the signed consent.

Angelo · November 17, 2012

you would need a release for commercial use

please visit the sticky thread: photographer's resources

orljustin · November 29, 2012

macmassey wrote: »

I have a photo of a man in his shop working at his bench with his two dogs looking on. Its a great photo, at least I think so. The only thing is, do I need his consent to use it? I have heard mixed messages on this. Here is a link to the photo on my website. I would greatly appreciate anyone's input on this. Thanks much! http://www.davemasseyphotography.com/People/People/26549815_qf4bXk#!i=2218666041&k=KHK8ppw

What does "do I need his consent to use it?" mean?

Yes, for commercial use, you need a release. For editorial, maybe not, although you were on private property.

It's an average image. Keep it in your personal portfolio and don't go sneaking around taking peoples' pictures and trying to profit from them without permission in the future.

Angelo · November 30, 2012

orljustin wrote: »

It's an average image. Keep it in your personal portfolio and don't go sneaking around taking peoples' pictures and trying to profit from them without permission in the future.

bordering on rude Justin, especially considering Dave's string of realization above. Please read through the thread.

orljustin · November 30, 2012

Angelo wrote: »

bordering on rude Justin, especially considering Dave's string of realization above. Please read through the thread.

Sorry, I missed his realization, that taking advantage of a person whose image has unknowingly been snapped, was a bad idea. Maybe you could quote it.

Angelo · November 30, 2012

If he were interested in taking advantage why would he be asking about releases? And as he says in post #4 he realizes it best to get the signed consent.

That not withstanding taking impromptu, candid photos of people is nothing new.

orljustin · November 30, 2012

Ironically, a '"people" themed calendar or coffee table book' would not need a release.

Art Scott · November 30, 2012

Angelo wrote: »

If he were interested in taking advantage why would he be asking about releases? And as he says in post #4 he realizes it best to get the signed consent.

That not withstanding taking impromptu, candid photos of people is nothing new.

MY thought is... ... ... Why was the camera at waist level, if he did not have a waist level finder?? to me that is a sign he knew he was doing something wrong or at the very least he wanted to not be confronted by the subject as to why he was taking his picture... ... ... In over 40 yrs of shooting (30+ as a pro) I have never tried to hide the fact that I was taking "YOUR" photo... ... yeah I have been flipped off, cursed at, had drinks thrown at me and spit at.... all of which I went a head and captured... ... but I don't sneak around to take a photo of any one... ... When confronted by a subject, I tell them why I took their photo... ... simply, plainly and HONESTLY

As to the OP asking...he is asking here on a forum.... my thought...trying to validate his sneaky actions... Why not go show the subject the image and ask HIS /HER permission to use, if the subject is homeless or downtrodden by them a meal or give them 5 bucks or 20 bucks...Good will can go a long way.

Angelo · November 30, 2012

sorry Art, you're simply not aware of the art form if you can say that.

many photogs, especially street photogs employ the technique including our very own "bfjr"

here's only one link: http://erickimphotography.com/blog/2010/09/how-to-shoot-from-the-hip-street-photography/

google the term and you'll find lots

.

angevin1 · November 30, 2012

macmassey wrote: »

Well I actually was standing in his store at the time and shot the image "from the hip" so he's not aware I took it. It started out as just for my personal travel album but I am thinking about making it available for commercial use. I'll check out those resources. Thanks much. And I welcome anyone else's input as well. This forum is really great.

Nice Photo. I'd just revisit the fella, and ask for permission.

Art Scott · December 1, 2012

Angelo wrote: »

sorry Art, you're simply not aware of the art form if you can say that.

many photogs, especially street photogs employ the technique including our very own "bfjr"

here's only one link: http://erickimphotography.com/blog/2010/09/how-to-shoot-from-the-hip-street-photography/

google the term and you'll find lots

.

NO I am very aware of of it...doesn't mean i have to approve or condone it....it is childish and sneaky..if you want an image step up and take it... don't try to be sneaky about it....point the camera and take it ... ... I have bumped may a camera wielding person trying to take a shot like that....doesn't bother me to muck up their shots... If they ask why I did I tell the same as I have said here... but as I also said...it is my opinion ... does not mean that I am not aware of it ... ... and just because it can be found on Google doesn't make it right... or an actual art form ... doesn't mean I am right or wrong... just means I don ot approve or condone sneaking around ... ... would be a little hard to sneak around to get those shots if one was using a 4x5 press camera wouldn't it....

When is a model release needed?

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