model release forms

[kerryfrederick]

i am currently trying to get my web site and my portfolio up to snuff and i found some pics i took many many years ago and i need to know if there is a time limit on how many years go by before i don't need a model release form. its been almost 10 years now.

[Andy]

what's the intended purpose of your displaying the shots on your website? what are the models doing? what sort of shots are they?

[wxwax]

The short answer is no. No time limit. If they're recognizable, and you're using their image in a commercial endeavor, they need to give you permission.

I know lots of folks skate around it. But the law is pretty unambiguous about it. What you describe isn't covered by any of the exceptions.

[kerryfrederick]

i am using the pics for a gallery page. a few of the pictures the faces are real dark but since they are black and white i intended it to be like that. and the others are some skateboarding shots and it is real hard to see the face on that one.

[REC]

Suppose you are just posting to your own non commercial Smugmug site?
Things like people in street scenes, spectators in crowds, etc?
Just because you want to share your pictures with others.

[wxwax]

i am using the pics for a gallery page. a few of the pictures the faces are real dark but since they are black and white i intended it to be like that. and the others are some skateboarding shots and it is real hard to see the face on that one.

Is that a hobby page?

[Maynard]

I know in canada there is no time limit, but if the pics are for display on your personal web site no model release is needed, if the pic's are for sale, or for distrubtion a release is needed, if the faces are not reconizable no release is needed.

I hope this helps.
Maynard

[lambad]

Would anyone know where I can find samples of release/consent forms? My purpose would be mostly just hobby, but you never know -- might someday snap some people pictures that I may someday want to submit for show, or for sale even..... thanks.

[Andy]

Would anyone know where I can find samples of release/consent forms? My purpose would be mostly just hobby, but you never know -- might someday snap some people pictures that I may someday want to submit for show, or for sale even..... thanks.

try the nppa site (http://www.nppa.org/professional_development/business_practices/releases/index.html) you can find some here.

[lambad]

Thanks!

[landrum]

Would anyone know where I can find samples of release/consent forms? My purpose would be mostly just hobby, but you never know -- might someday snap some people pictures that I may someday want to submit for show, or for sale even..... thanks.
Get the book "Business and Legal Forms for Photographers" from Allworth Press. I think you can find it on Overstock.com, otherwise Amazon.com has it. It has 31 different forms with full explination of what and when to use them. It also comes with a CD of all the forms in various formats so it's easy to customize them. It's a great resource.:thumb

[lambad]

I will -- thank you.

[Brett]

In what situations would a release form be needed?

[wxwax]

In what situations would a release form be needed?
If you shoot someone, they're recognizable in your photo, and you sell your photograph. They need to give their consent.

[Brett]

So, let's say I take a skateboarding photo and a local skateshop wants to buy if and display it at the store, I would need consent from the subject (skater) to sell the photo? And are they intitled to some of the earnings?

[wxwax]

So, let's say I take a skateboarding photo and a local skateshop wants to buy if and display it at the store, I would need consent from the subject (skater) to sell the photo? And are they intitled to some of the earnings?
Yes to your first question - that's their legal right.

The answer to your second question is: depends on what agreement they sign. There's no law that says they have to be paid, only that they have to give their consent for their likeness to be used. If you're good with your people skills, I'm sure you could get some folks to sign without payment.

[luckyrwe]

You can always photochop until the person is not recognizable. Model releases can be intimidating to some people because it is a legal document. Give them $1 and promise to send them a tear sheet and you're ahead of the game.

[Kalamata]

An example, a rider from the UK did a extensive bike trip around the US and parts of Canada last Summer took heaps of pictures posted them to a M/C forum (advrider) that has a world wide audience. I know he asked permission to take and post, but should he have gotten written permission.
Cheers, Ed

[Dixie]

The short answer is no. No time limit. If they're recognizable, and you're using their image in a commercial endeavor, they need to give you permission.

I know lots of folks skate around it. But the law is pretty unambiguous about it. What you describe isn't covered by any of the exceptions.
Legally, you need a release for any public display of photographs of people whether it is a commercial enterprise or not unless the photo was taken in a public place where there was no reasonable expectation of privacy. There have been several notable court cases on photos taken in public at Mardi Gras and posted on the web. The person in the photo lost in every case as they had no reasonable expectation of privacy since they were baring their soul, among other things, in a public area.

However, if a photo of a person is used in a non-commercial endeavor and not in an embarrassing manner then there usually isn't a problem.

[iyacyas]

Going back to the question of if you shoot a group of employees based on an agreement/contract with an employer, the following link may shed some direct insight

http://www.nppa.org/professional_development/business_practices/copyright.html

Specifically, the statement of "Copyright belongs to the creator the moment an image is made. If you are an employee, your employer is considered the creator while you are working"

(yes, old thread I'm replying too but, I am exploring the same types of questions now and proving to someone down the road I queried the archives :wink)