Board index Photography Artistic Questions Model Release from People on the Street?

Artistic Questions

Model Release from People on the Street?

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gummyb
 
Posts: 210

Model Release from People on the Street?

Post Wed Dec 06, 2006 7:13 pm


When taking pictures on the street, do you ask permission first or ask permission plus have them sign something?

mnoble
 
Posts: 135

Model Releases

Post Wed Dec 06, 2006 8:09 pm


This is a complex subject. If you are not going to publish your work, I don't think that you need a release. Even if you do publish, if you take a photo of someone in a public place, I don't think that you are liable unless that person is displayed in a disparaging way. I read an article about a person who tried to sue over his published image but lost because there was nothing derogatory about the way he was portrayed.

I personally want to take candid photos without the subject being aware. So I use a long lens and try to be unintrusive. Of course, if you want to do some up close portraits it would be difficult without permission and a release.

Best to look up some of the law on this subject to be on the safe side. Good luck. 8)

steveprice
 
Posts: 153


Post Wed Dec 06, 2006 10:14 pm


This is a complex subject, as already stated. If I were a professional working on a project or assignment I would always ask and always get a signature. But as a non-professional I never ask, and I never get a signature. But my photos are always respectful and I never break the law. If I did publish a work as an amateur and someones solicitor wrote to me I will first offer them half the prize money. I expect this would settle it. If not, then I would offer all the prize money and if that didnt settle it, I would offer to destroy the photo. Because my photos are respectful and I never break the law there would be no grounds on which to persue me further. My approach is entirely practical and I dont get bogged down in all the theory. I feel my approach is adequate.

I am always being asked to stop taking shots by security guards (London is getting like that). But I always engage the guard in friendly conversation and on a couple of occasions this has resulted in some very useful information and some unique shots.

Steve

amacu
 
Posts: 4


Post Thu Dec 07, 2006 1:03 am


Law - If you're going to sell it you usually need a model release, if the person is recognisable and that doesn't neccesarily just mean by their face and that's regardless of whether you think it's derogatry or not, that's a matter of personal perception to many. But as regards "can you be sued" depends on the Country - all have different rules.

Personally for a close portrait, one or a few people I would ask them first, it is to some an invasion of privacy, even more so if it's put in the public domain via web, print etc. If it's an event where people are aware they will be photographed I would say go ahead but try to make sure they see you, so they have a chance to turn away if they want to.

As far as ethics go it's up to you - you need to decide if you think it's acceptable to "steal" as some would say, a shot.

sheila
 
Posts: 1303


Post Thu Dec 07, 2006 3:54 am


Laws differ from each country but generally speaking, you need a model release if you are going to sell the image which involves advertising a product. You can sell images for editorial use without the need for a release. There is an exception to this (of course). The image itself must not have a contextual implication - ie. if you sell an image of, say, a young woman, and you sell the image which will appear in an article on prostitution, you will definitely need a model release (and would be lucky to get one!) because there is a contextual implication that the person in the image is a prostitute. This is an extreme example but you get the picture - 'scuse the pun! Here is an interesting read for those in Australia (and it would possibly be more or less the same in the UK) - http://www.4020.net/unposed/photorights.shtml

And for the US - http://www.krages.com/phoright.htm

As I said, laws differ and I would check the laws which apply to your country. I know in Italy and France (or so I have been told), its considered an invasion of privacy to take any snap of anyone even in the public domain and you risk prosecution.

I take a lot of street shots and I now ask for model releases (after the event) and generally, folk don't have a problem with it. Its worth having a release where you share the fee you get for the image with the "subject" so it makes it worth their while.

Cheers
Sheila
Sheila Smart
Canon 5D Mark III; 17-40L; 24-70 f/2.8L; 70-300 f.4-5.6 L USM; 135 f/2L; 100 f/2.8 macro; 8-15 f/4 L fisheye

Blog: http://sheilasmartphotography.blogspot.com/

gummyb
 
Posts: 210


Post Thu Dec 07, 2006 6:05 am


I feel that people get scared once you want them to sign something. Personally I don't care if people take picture of me, but if they ask me to sign I always think about the chance that they will alter the photo for some other use. Not only that, I don't want to have to read some fine print when I'm already doing a the photographer a favor.

Here is another twist...if someone pays me to take pictures at an event (i.e. birthday, etc.) and I use to picture to promote my business...am I in trouble?

clickaway
 
Posts: 2689

Re: Model Releases

Post Fri Dec 08, 2006 3:44 am


mnoble wrote:Of course, if you want to do some up close portraits it would be difficult without permission and a release.



It is possible to get some candid close ups in the street. Go to some kind of street party, perhaps where people are dancing and are in good spirits. More often or not, they are really happy to be photographed.

Image

Image

Ray

steveprice
 
Posts: 153


Post Fri Dec 08, 2006 4:52 pm


sheila wrote: I take a lot of street shots and I now ask for model releases (after the event) and generally, folk don't have a problem with it. Its worth having a release where you share the fee you get for the image with the "subject" so it makes it worth their while.
Cheers
Sheila


Sheila, interesting what you say, have you ever done this with someone who didnt know you had taken their picture, or have you always made what I call "eye contact" agreement before hand.

Steve

sheila
 
Posts: 1303


Post Sun Dec 10, 2006 7:13 pm


Hi Steve

Most were street performers and it was only after I looked at the images, did I feel it was worthwhile to approach them later. On another occasion, I knew where the beautiful young woman worked (she was outside a restaurant in the Rocks area of Sydney). The next day, I printed out a nice A3 shot and asked her if she would sign a model release. She was happy to oblige. It turned out she was a part time model.

It doesn't always work out! A couple of years ago, I took some nice shots of some young aboriginal dancers who were performing at the Quay area of Sydney. A while later, I was approached by a graphic artist who wanted to use one of the images for educational use for their client. Normally, one would not require a release (with the one exception above) but because she was a minor and aboriginal, I contacted the dance company she was working for and asked if she could arrange for her parents to sign a model release. She was happy to but I never heard from her parents, nor did I receive a release back so I did not sell the image. Technically (and legally) I could, but morally (and ethically) I felt I could not.

Cheers
Sheila
Sheila Smart
Canon 5D Mark III; 17-40L; 24-70 f/2.8L; 70-300 f.4-5.6 L USM; 135 f/2L; 100 f/2.8 macro; 8-15 f/4 L fisheye

Blog: http://sheilasmartphotography.blogspot.com/

christophertravels
 
Posts: 816


Post Sun Dec 31, 2006 11:36 pm


I just don't take photos of people on the street, strangers or friends. Perhaps I should, it'd make my galleries more interesting.

But out of curiousity, how do you get a model release when the person doesn't speak English? Does that person understand what they are signing? I can imagine that many people may not release a model release is required, and will not sign because of ignorance, not because they don't want to let you have their photo.


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