Photography Archives - Page 19 of 32

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

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.

The Art of Car Photography

Photographing cars can present unique challenges and it’s hard to do right. A friend of mine is a dealer of rare and vintage cars and hired a “professional” photographer to take pictures of some of her cars when she was behind schedule one week.

I watched the photographer work, he was using a Canon camera with a 430 EX II on a bracket handle with a bounce card. It didn’t seem right to me, but it wasn’t my job so I kept my nose out of it.

The photos were dreadful. Beyond bad and that’s not just my opinion as a photographer, that was the client’s opinion. They were worse than the pictures she took with her little point-and-shoot. I don’t think I would have even delivered the photos I saw. If I screwed up a job that bad, I’d just give them their money back.

Cars are hard to shoot because they’re so reflective and with clear coats, pearalesent paint, and a variety of waxes and finishes employed, those reflections are rarely uniform and can cause bad things to happen to your photos.

Job One, Cut The Glare

A rotating polarizing filter is a must for shooting cars. You can eliminate most reflections, or, ideally, tone them down to the point they don’t distract from the picture. Sometimes a complete lack of reflections is unnatural looking, particularly in glass.

With a rotating polarizer you can pick the amount of reflection you want, though do be aware that with some types of custom paint, a polarizing filter can yield some strange results.

Don’t Touch

If you’re at a car show or vintage car show, never touch a vehicle without the owner’s permission. The velvet ropes are there for a reason. Most owners are very approachable and will gladly help you stage photos, especially if you volunteer to send them copies.

Try to get them to remove the show placards and Do Not Touch signs if at all possible.

Lighting

The best lighting is light overcast daylight, open shade, or golden hour daylight just after the sun has set. The worst lighting is indoors with fluorescent or arc lighting.

Lighting with strobes presents its own unique set of problems. Getting something the size of a car to light evenly with strobes is going to be a challenge. Situations like this is where you’ll be glad you bought high quality light stands because you want to get your soft boxes up as high as your stands will go. I’ve never been able to get really good car shots with handheld lighting, but there are show offs like Steve Demmit who pull it off.

Some big shops that do a lot of high-end vehicle photography have banks of softboxes suspended from the ceiling in a studio the size of a garage.

Movement

Know what you’re doing before attempting any shots of or from a moving car. As you can see in this video, the car doesn’t have to be moving that fast, or even moving forward, to get the sensation of speed at slow shutter speeds. Walking speed is plenty fast enough.

Working out on public streets is illegal in some places, though if you use a bit of common sense it’s rare anyone gets in trouble.

The Future of Digital Photography Is Connected

picture of telephone poles — The future of digital photography is connected

Whether you’re shooting snapshots of friends and family with one of the new wifi-enabled Panasonic Lumix FX90s (review) or professionally with your trusty Canon 5D MKII, the biggest trend in digital imaging right now is connectivity. Whether your camera is set up to enable real time connectivity or not, it’s a trend that’s going to influence both the selection of cameras and how you do business as a professional.

You can blame improving camera phones for raising expectations for immediate sharing, but the trend has been developing since the world wide web came into being.

Another part of the equation is the trend toward social media and the democratization of news reporting. People expect news and information almost as its happening.

With the digital camera market basically saturated at this point, everyone who wants a camera already has one. From here on out the deciding factor for many consumers will be the features of the camera. As cell phone cameras get better, the impact will be most immediate in the point-and-shoot market.

I think the big picture impact on the low end of the camera market has been overstated. Camera phones have been getting better for a long time and sales of point-and-shoot cameras have remained fairly healthy. What will make the difference for consumers is connectivity. Phones have that feature built in, cameras will need to catch up to stay competitive.

These trends will combine to put pressure on professional photographers to start looking for ways to satisfy the customer’s desire for immediate gratification. While it’s unlikely the low end of the digital camera or cell phone camera market is going to make a dent in high end camera sales, there is already a push for more immediate delivery of product.

In the highly competitive market of digital photography, I believe this presents an opportunity for the technically savvy to set themselves apart with value-added services such as live blogging weddings and trade shows and packaging content quickly so guests can make product selections on the spot.

If you wait until the systems are pre-packaged so anyone can use them, it will be too late. The opportunity is there now, you just have to figure out the technical details.