Chris Poindexter, Author at Snapsort

When Do I Need a Model Release?

One question I get frequently is, “When do I need a model release?” First, This is not intended to be legal advice, that’s what your lawyer gets paid to dispense. This is my understanding of when you need a release.

Also understand that the answer will sometimes vary depending on who you’re asking. If you’re asking a stock photo agency that you want to list your images, then the answer is what they tell you. Every company is different and some require that you use their forms. Be sure and understand the agency-specific requirements before you start shooting for stock photography.

You Do Not Need a Release To Take Someones Picture

A common myth in some circles is that you need a release to take a picture of someone you don’t know. You do not need a release or even permission to photograph someone, provided that person is in a public place and not anywhere they might have a reasonable expectation of privacy (i.e. the bathroom, a changing room, etc.).

You Do Not Need a Release For Artistic or Journalistic Expression

You generally do not need a release to use your own photos in a gallery display or other artistic expression, even though those activities might also involve you selling your pictures.

In addition, you can still sell those photos to newspapers, magazines, trade journals, and educational publications. Few of the newspaper photographers I know ever bother with releases, unless they think the shot might be used for something other than news reporting.

If this were not the case, paparazzi and sports photographers would be out of business overnight. This is also referred to as “editorial use” in some circles.

You Positively Will Need a Release For Any Type of Commercial Use

Any image of identifiable subjects that might imply commercial use or endorsement, such as commercial web sites, brochures, print advertisements, billboards and magazine ads (different than images used in a story), will require a model release.

This is how the whole concept of celebrity endorsement works. You can take a picture of Lindsay Lohan ducking into a nightclub and sell it to the tabloids, but the club owner cannot use the image in an ad that implies endorsement without Ms. Lohan’s signature on a release.

Since stock photo agencies are in business specifically to sell images for web sites, brochures, billboards and other commercial uses, you will need a signed model release for any photo containing identifiable people.

Minors

Minors cannot legally enter into a valid contract, period. Anyone under 18 will need a release signed by their parent or guardian.

Property Releases

Property releases apply to pets and identifiable property and buildings. In most cases, you will need a signed property release to sell images of a particular building or animals.

Public buildings and landmarks are exempt, though you can get into trouble photographing government buildings these days due to security concerns. There are also some exemptions for skylines, where a particular building is part of the landscape. Those exceptions are not always clear.

Some Gray Areas

Even though the rules are fairly simple, there are some gray areas that I’ll mention in passing.

Political Endorsements – This is one of those areas that can go either way, depending on the circumstances. Just to be on the safe side, I try to get a release for anything that might imply endorsement of a particular candidate or position.

Events – Most venues have language on the ticket stubs that if you’re there, you consent to be photographed for the purposes of endorsement. This is kind of a gray area, so it’s one of those times you actually might need to talk to your lawyer.

No matter how careful you are, you can still get sued. You’re going to be better protected in cases when you have a signed model release.

Needless to say, save those releases forever.

Book Reference: A Digital Photographers Guide To Model Releases by Dan Heller

Video: Ignore the hammy dialog until the lawyer talks.

Model Releases Sample
Getty Images

BetterPhoto.com

Photography Contract Basics

There are two types of people in photography: Those who get a signed contract before they set foot on a customer site, and those who are going to get burned because they don’t.

Every small business owner should understand contracts and how they work and that’s especially true in photography. You don’t have to be a legal expert, that’s why your lawyer gets the big bucks, but you need to understand them well enough to know when you need one and the basics of what goes into it.

It’s really a bigger topic than can be covered in a single article. The best advice I can give you is to go to your local community college, where almost every one will offer an evening course on contracts for small business owners. Or, at a minimum, get yourself a book on the subject and spend some time familiarizing yourself with the basics and put together some basic boilerplates.

A good contract doesn’t have to be War & Peace, delving into every conceivable aspect of human behavior, just cover the high points. One of those high points should be a section that says if you have to sue to collect payment that you can also collect attorney fees.

Contract law varies between countries and even from region to region within countries, so make sure you understand the peculiar issues specific to your area. At a minimum, most contracts have to have the following:

The act being contracted for must be a legal activity. The biggest myth I run into is people who think you can mitigate criminal liability by pointing to a contract if you get caught. BZZZT! Wrong. If the contracted activity is illegal, your contract is void and you can be held responsible.

Two or more parties empowered and legally able to enter into a contract. Minors cannot enter into contracts and, if someone is signing for a business, they have to be authorized by the company to obligate the company in contracts. Getting the janitor to sign your contract is probably not going to be valid.

Some consideration. Something of value has to change hands. That can be money, an exchange of services, or almost anything that can be assigned a value.

When you need a contract is almost any time you’re going to be accepting an assignment as a photographer. Sometimes your liability insurance will require you to be under contract before they pay. So, when you watch your Canon 5D MKII or Nikon D7000 tumbling in slow motion horror from the balcony ledge, the insurance company is going to want to know if you were there working or just taking pictures on your own time.

Photography Contract Specifics

Photography contracts have issues that are unique to the business and need to be spelled out in advance. Probably the biggest issue today is who owns the copyright to the photos? In the old days when there was a film lab and later a print lab, it wasn’t unusual for photographers to hold the copyright to images indefinitely. Today that’s becoming more rare. In the digital age customers expect to take their images with them on disk and be able to do what they want with them. Photography is increasingly “work for hire” meaning the customer owns the copyright to whatever you produce while under contract.

Make sure you have that understanding in writing up front. You might be able to trap an unwary customer with limited use rights, but if they later get mad about it, that’s the last you’ll ever see of them. You won’t build a thriving business on misunderstandings.

Model Releases

If you want to use the likeness of an identifiable person in a commercial advertisement, whether they’re are a professional model or not, you’ll need a signed model release.

This is a different situation than merely taking their picture which, technically, you don’t need permission to do if they’re in a public space. Taking their photo and using it for commercial purposes are two different animals.

When in doubt, it’s always better to get a release. When the subject is a minor, you’ll need a release signed by a parent or legal guardian.

Other types of contracts in photography include:

– Independent contractor agreements
– Portrait contract
– Sport Action contract

If you search around on the web, you can find examples of the type of contract you need and there’s also software available for your smart phone and computer tablet that produces releases and contracts right on the spot.

Location Scouting

authorized — Don't expect location scouting to be this easy - by Richard Webb

On a recent TFP shoot with a dozen other photographers and selection of models, I received an important lesson about location scouting: Don’t over-think it.

We were all milling around with the models and I walked down the block to start getting an idea of what kind of locations we had to pick from. I was only away for a couple minutes. When I got back everyone else was already out shooting. They had ducked down a back alley behind some remodeled apartments and found a perfect location: Public access, a mix of sun and shade, bold colors, interesting shapes, and a eclectic mix of old and new architecture.

Those are all good qualities to keep in mind when scouting locations, but not the only ones.

Public Access

Like many things in photography, there is more than one school of thought on this subject. There’s the “get permission” crowd and, on the other side of the coin, the “seek forgiveness” types.

For most streets, sidewalks, parks, beaches, and other public places, you don’t usually need permission, provided you’re not hauling a ton of gear or blocking sidewalks or building access. If it’s just you, your subject, and a flash on a bracket, I’ve never had a problem. I can usually get my shots and move on to the next location before anyone even bothers to notice. If you’re constantly changing locations, there’s rarely a problem.

If you’re hauling a lot of gear, need to set up lights and need a power supply, you might want to look into whether you need a permit. Most photographers don’t do this, but if you’re doing a big shoot, it’s worth asking. Start setting up floor lights and a generator on a sidewalk or in a park and you’re going to attract a lot of attention.

Private Property

This is where it gets sticky. Some of the best locations are abandoned buildings, rail yards, junk yards, and other semi-industrial areas. For abandoned buildings it’s frequently difficult to find the owners or the original company may be out of business.

The get permission types will find a the perfect location and seek permission to shoot there from the owners or owner’s representatives. I’ve been pretty successful getting permission. The usual point of contact will be a realtor and I’ve been able to work out using industrial buildings and luxury rental properties in exchange for pictures and video. I’ve also had success working with nightclubs during off hours, yacht rental companies, resort companies and others in constant need of promotional pictures.

If the shots are for use in a commercial context or microstock images and the building is at all identifiable, you’ll need a signed property release anyway. It also helps if you can show the property owners you carry your own liability insurance and offer them a liability waiver.

The seek forgiveness types will sneak in, shoot like crazy, and hope they don’t get caught. Apologetic ignorance is their shield and, to be fair, the vast majority of the time pleading ignorance, apologizing profusely, while offering to immediately pack up and leave works. The cops really don’t want to write trespassing citations, especially if the area is not well marked with signage. Most of the time they just want to make sure you’re not tagging the property or wrecking anything and if you’re polite and right on your way, they’re content to let it go.

Sometimes you can’t really tell and, in those cases, I’m with the seek forgiveness crowd.

Keeping Track of Locations

The best time to scout locations is as you’re about other business. Use your cell phone camera to make notes about locations you happen across. I also carry a bound notebook in my car all the time for making notes.

A spreadsheet is a great way to keep track of your location finds because you can add notes, pictures, contact information, and owner information in one place and keep it all organized.

Striving For Perfect Exposure

Polaris Digital Light Meter — A good quality light meter is still worth carrying in the world of digital photography

I’ve been taking pictures for decades. For at least the first 10 years of that time, I was a pretty much a full auto shooter and got results that were consistent but unimaginative.

In the old days of film cameras, the light meters could be off as much as a full stop. Occasionally the discrepancy would work in my favor and I’d produce some fantastic shots, proof that even a blind sow gets an acorn once in a while. Nikon shooters had an advantage in those days, as their internal light meters were far more consistent.

Then I started to get suspicious that my camera’s light meter wasn’t always giving me the whole story and got an incident light meter. That was quite an education. Then I went the opposite direction. I turned into the manual exposure hall monitor from hell. Internal light meters in cameras were crap and anyone who didn’t think so was hopelessly amateur. The worst part was that I was shooting really amazing pictures in those days, which only reinforced my bad attitude. I was an exposure snob.

Today I’m back to shooting on auto. Well, not exactly and not completely, I shoot mainly on my Canon 7D’s CA, or Creative Auto setting. With the menus on the back I can quickly bump the exposure up or down, change picture styles, and control the depth of field without manually setting the aperture. I do a lot of what’s derisively called “chimping”, checking the LCD screen every few shots to see if I like the results. If not, I change the exposure and try again.

I still go back to manual exposure in certain situations when the lighting is tricky and I know that even the marvelously accurate computers inside the camera are not going to meter the scene properly. I still use a light meter sometimes, more in the studio these days than outside, but lately there are fewer situations when the camera and light meter disagree.

A properly exposed photo is still a thing of beauty, but now we’re so used to near exposure perfection from even average digital cameras that the manual tweak of imperfection is becoming a statement in its own right.

The main thing is find your own style for dialing in the perfect exposure. Don’t let anyone tell you chimping is not okay. The LCD screen on your camera is a fantastic tool, use it.

But do invest in a good quality light meter, they really are quite handy. Even doctors need a second opinion once in a wile.

Adobe Launches V10 of Photoshop & Premiere Elements

Adobe Systems announced the release of version 10 of Photoshop Elements and Premiere Elements, two of their popular photo and video editing applications.

Photoshop Elements fielded a crop of upgrades, including support for 64 bit systems running Window 7. Other add-ons include the ability to paint specific effects and patterns on parts of photos and post-processing simulated bokeh and other guided edits.

Also new is the ability to search for photos that contain specific objects, so if you’re looking for all pictures that feature a motorcycle, you can have Object Search do the legwork for you. Search functions also include the ability to weed out duplicates.

Simplified text to path and text to shape tools will make it easier for users to create their own cards and event notices, along with several built-in templates for online and printed albums.

Another feature you may or may not appreciate is integration with Facebook’s facial recognition tagging. There are also other updates for better integration with other social media sites.

For the more technically savvy, Adobe has integrated the Photoshop Touch API, which lets developers build touch tablet apps that interact with Photoshop and now will also work in Elements.

Other new features include what Adobe calls “content intelligent tools” that will do things like move people from one background to a different one, choose the best looks for each individual in a group shot and even wipe people out of a scene.

Photoshop and Premiere Elements are available for download for $99.99 each or $149.99 together. Available for Mac and Windows.

For More Info:

Adobe