Portland audubon are going to publish photo

ericgtr · April 30, 2007

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.

GREAPER · April 30, 2007

If they are using it for editorial purposes in a story about the program you took the shots in, a release may not be required. Make sure that they are notified that you do NOT have a release. That does not mean they cannot use it (I've heard).

Of course I am not a lawyer, so asking one might not be a bad idea.

Scott_Quier · May 1, 2007

Congratulations on the recognition! That's great! I hope it works out for you.

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....

mmroden · May 1, 2007

congrats on the capture!

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.

Owen · May 1, 2007

You only need a release if you will be paid for your service, afaik.

For the most part, editorial, reportage and fine art galleries are exempt.

jeffreaux2 · May 1, 2007

Not the way I understand it
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.

You Get Paid!!!

ericgtr · May 1, 2007

Thanks for the replies everyone. They provide a great service with a lot of volunteers, I wouldn't take anything for it anyway so it sounds like it's all good.

dogwood · May 2, 2007

You don't need a release for editorial usage.

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.

ericgtr · May 2, 2007

It's a great place, unfortunately my longest lense is 200 and even with my TC I can't get quite the distance for birding. That's why I waited around for the handlers to show up which was how I could get this shot with my 50mm

dogwood · May 2, 2007

Another nice photo! Yeah, there have been immature bald eagles down in Oaks Bottom lately-- they're mostly brown with just a hint of white on their heads. It's pretty cool to be in the city and be able to 'escape' down a trail and see bald eagles, blue herons, osprey... and the peregrines on the Fremont bridge.

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!"

ericgtr · May 2, 2007

.. I have been trying to get my wife to move down to the bay area (a photographers playground IMO) but she won't have it. It gets very discouraging here with all the rain, nearly every single weekend and roughly 9 months out of the year, I couldn't recommend it to anyone.

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.

harjtt · May 2, 2007

"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!*"

... 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

Portland audubon are going to publish photo

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