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10

A model release is a contract, a normal everyday contract, between two parties (usually the model and the photographer) - the fact someone (who is not you) signed a contract with someone else (who is also not you) does not grant you any rights what so ever. It looks absurd if you try to apply the "but he signed a release with someone else" logic to other ...


8

It sounds like you haven't worked much with models. If not, it'll be an interesting journey. It's convenient to make a broad categorization of models into two groups: 1) Professional models, represented by an agency; and 2) People who model but are unrepresented, part-time, etc. If you want to be reasonably sure your model will be on location when he or she ...


6

The short answer is "it depends", and the rest of my answer is based on US law. To be on the safe side, you'll probably want to have a release. Many contests have a motive to find the best photos possible that showcase a product or service, and the subject(s) in your photos could be inferred to be endorsing that product or service, a model release would ...


6

If there are people in the image that are readily identifiable, yes. This is true for any image that will be used in promotion of something else. In your case things become a little muddy and ultimately comes down to the, "what-if?" "What-if," the street performer walked into an office and saw a photo of him/herself and thought, "I never signed a model ...


5

Yes, you can. I'm not an attorney, but a non-commercial company book would seem be an editorial use. You don't need model releases for editorial use. If you are really concerned, you might want to either consult an attorney who's up to speed on this kind of intellectual property or get in touch with your local chapter of the ASMP to see if they can offer a ...


5

I've never seen a legal precedent in discussions of this topic on any photographic forums, as you say it's something that comes up a lot. The consensus seems to be that property doesn't have the same right to privacy for publicity that people do, with possible exceptions of trademarked items, artwork and the like. Gray areas I've seen mentioned would be ...


4

One of the answers on another question that I asked, I was directed towards this guide on photographers' rights in the UK - there are also guides on there for the US and Australia. Ultimately, you should check the terms and conditions for a particular contest; I would expect a contest with a theme of social documentary to be far more accepting than if you ...


4

The answer to your question is sort of... At least as far as I can tell. Here's a synopsis of a legal case in the United States related to this concept with the rulings of interest really boiling down to that if the image is taken on the property, then trespass may apply, otherwise the owner may well be out of luck. However, with tresspass, the photographer ...


4

It seems to me the answer is in the rules. "You confirm that each person depicted in the Entry has granted permission to be portrayed as shown.". That person did give permission, and you are able to confirm that they did. They don't ask for proof of any kind, so you don't need to supply it. If the contest organizers were as paranoid as Mark Kalan suggests ...


4

Check these links, I have found them all useful in the past. http://asmp.org/tutorials/forms.html http://www.weddingphotographydirectory.com/wedding-photo/for-wedding-photographers/professional-articles/model-release-2.aspx http://www.acclaimimages.com/resources/index.html (If you have a Getty account then you can just download theirs. The same may well ...


4

Rather than your scenarios, think of these factors (and this is US-specific, guidelines may vary elsewhere): Are you going to be selling for editorial (magazine, newspaper, blogs, etc.) you can publish anything "newsworthy"? Do you plan to market for commercial usage where a product or service is being advertised? If you are going with editorial, then a ...


4

The laws regarding this are very different in different states/countries and if you are concerned you really need to ask a lawyer but... You don't need a model release to sell a photo - do you think newspapers have model releases for all the photo they print? (especially the paparazzi ones). Using a picture in ads of material connected to a company ...


3

This is a legal question which you should ask a lawyer to be certain. Given that SmugMug is in the middle, you may want to check with their terms of service, too. The particular legalities will depend on where you live and where the photos are hosted. As a general rule, if you have to ask then you should get one. On the other hand, the likelihood that you ...


3

IANAL* - but technically a release is probably required from the subjects, and technically permission is probably required from the copyright holders BUT fortunately, in most cases, the madnesses of modern society do not usually fully reach into such special areas. ie worst case she may be able to be sued by both the subjects and the photographers, but ...


3

When it comes to these matters I often refer to the microstock websites that sell photos. Even if you do not intend to sell your pictures they do have some good information about model releases and general dos and don'ts. On the Shutterstock website http://submit.shutterstock.com/legal.mhtml you can find a form for adults and minors as well as other ...


3

Images used for news or artistic works do not normally require a model release. In the first case, it would be unrealistic to expect a newspaper, for example, to get model releases before publishing pictures of a large group of people in a protest. For artistic purposes, there are a large number of street photographers taking pictures of people on the ...


3

A model release is required when you sell photos for commercial use because buyers won't buy the photos without it - that's it, as far as I know there is no law in any country that require a signed "model release" document. Some times you need permission from the model, parent (in case of kids) or owner (in case of property) but that permission doesn't have ...


3

After doing some research I came across this information that I believe would apply to apps used to obtain electronic signatures and any other form of electronic signatures. From Wikipedia: In 1996 the United Nations published the UNCITRAL Model Law on Electronic Commerce. The model law was highly influential in the development of electronic signature ...


3

I came across many choices when searching and I have listed them below. I chose Easy Release due to several reasons one of which is was designed by a professional photographer. Also when researching individual programs I found many, many positive reviews for Easy Release. The rest had mixed reviews if any at all. All listed work with iOS and some have ...


3

It depends on the model. It might even be free if the model is fairly new and just wants her/his portfolio in exchange for her/his time. modelmayhem.com is a good place to start your search.


3

Assuming you can publish the photo as a work of art (which is not guaranteed), then it mostly depends on the terms of the photo contest. i.e., let's put aside the question of whether or not you can publish a photo of a stranger at all, and just think about the contest. In general, the fact you're making money/receiving prizes doesn't have a direct bearing ...


3

The release the model uses with the photographer is an agreement of the extent that the photographer may use the image(s). If you find this image on a stock site, that means that the model gave the photographer rights to post on the stock site. There are limitations beyond this. If the image is for editorial use, that usually means the model does not ...


2

Yes. If your photo contains recognizable faces or private property you must next attach a signed model or property releases if you wish to sell it as commercial stock photography.


2

I have seen pros that use Easy Release. The fact that they are using their signature in the application is usually enough. I would have a hard time seeing it not hold up in court. I write software for healthcare and faxes are still common. They are signed in almost the same manner using digitized signatures. These hold up to HIPPA regulations so a model ...


2

The First Rule is ALWAYS GET A RELEASE. I've seen a piece about a photographer shooting homeless people that gave each subject ten dollars to sign a release. You can always offer a print but make sure that you follow through! That said, if you live in New York State you're in luck; NY State courts has repeatedly upheld that a person has no privacy on the ...


2

It should be allowed for a competition, at least in most places in the US. It might be different however if the photo will be posted online, or published somewhere. The person's right of privacy would be violated if you took a photo indoors, for instance, or on private property, without them knowing. A photo on the street, or with oral consent, should be ...


2

In most of the world it's perfectly legal to use pictures you took of people in a public place with some simple limitations. Unfortunately those limitations are completely different between countries and even between states in the US. Generally, if the picture isn't used in an offensive way (or a way that can seem even remotely offensive to someone else) ...


2

If she is identifiable in the photo, then yes, you need her permission (model release). If she is not identifiable and this is in public space, then no, you don't need one. If she is identifiable (as in "can her own mom recognize her in the photo") or not will always be a subjective evaluation. If this cannot be determined without any doubt, then a model ...


2

Ultimately the only truly useful answer will be from a lawyer who specialises in copyright in the relevant jurisdictions (probably wherever it is going to be published, possibly also where the photographs were taken). That said, I think the general concept you're looking for is whether it's Editorial use or Commercial use. The former tends to be things like ...



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