Model Release

[Columbarius]

I'm planning a month long trip to South Africa in the autumn. I've even ordered some "L" glass so that I can capture the best images that I'm capable of on the trip.

But if I were to offer any images for sale on say Alamy or Shutterstock, the EOS Magazine, etc. how do I stand with respect to model releases ( OK I know the elephants won't care!!!)

For example, the fisherman tending his nets, the game warden & his 4*4, people in the streets of major cities, growers tending their vines, etc. etc. the list is endless.

I know that some of you are ex- or current professionals, and others contribute to Stock Photography sites.

I'd really appreciate your feedback on how you address this issue.

[petespics]

Re: Model Release

I'm planning a month long trip to South Africa in the autumn. I've even ordered some "L" glass so that I can capture the best images that I'm capable of on the trip.

But if I were to offer any images for sale on say Alamy or Shutterstock, the EOS Magazine, etc. how do I stand with respect to model releases ( OK I know the elephants won't care!!!)

For example, the fisherman tending his nets, the game warden & his 4*4, people in the streets of major cities, growers tending their vines, etc. etc. the list is endless.

I know that some of you are ex- or current professionals, and others contribute to Stock Photography sites.

I'd really appreciate your feedback on how you address this issue.

I'm not too sure you even need to get a release. If you snap people going about their business, others in the shot perhaps. General scenes. I wouldn't worry. If you get someone to pose, perhaps a head and shoulders type pose, then possibly. The chances of them ever seeing the photo is remote anyway. With posed shots just say you hope to sell them to an agency. If they ask for money, move on or pay a token amount. The biggest problem is getting an agency to take on your work! They always used to want such hi-res stuff. Let alone good enough. Perhaps that's changed now? Good luck. Regards. PS. Ask an agency!

[Columbarius]

Re: Model Release

Thanks for the advice Pete. I have of course looked at the websites of a number of agencies, and as you might imaging, the lawyers have had a ball describing all the possible reasons why a model and or property release might be required. According to them you'd probably not need one for a shot of a black cat on a very dark night. No flash of course!

So I was hoping for some real world advice from members who have been there .. done it!

[Paulstw]

Re: Model Release

For the purposes of Alamy, you need a Model release for each person photographed if they could possibly recognise themselves. If you can't get one then sure Alamy will still take it, however, it can only be sold under an Editorial license.

I asked about this on the Alamy forum and that was the reply I got from them. Lots of places like Shutterstock and iStockphoto won't even accept an image with people in it if it doesn't have a MR with it. That's why I like Alamy.

An Alamy representative told me that if a generic image had someone blurred out or OOF or with their back to you, then its difficult to determine who it is, and at that points its usage is 'grey'. In other words the person needs to prove its them in the picture.

I've just been snapping crazy lately and uploading everything I see. I sold an image of my condensing boiler the other day. Crazy man lol

[Columbarius]

Re: Model Release

Thanks Paul, that sort of pragmatic feedback was just what I was looking for. I might still feel a bit of an idiot asking people to sign a MR though.

[Paulstw]

Re: Model Release

Thanks Paul, that sort of pragmatic feedback was just what I was looking for. I might still feel a bit of an idiot asking people to sign a MR though.

Once you do it once, and say its to protect both parties its easy peasy. I heard that some photogs are writing into the release that they will pay the model a % the sold image that they are in. Some photogs build up a whole rep on this model way of business.

[paul linton]

Re: Model Release

I'm not really sure you need to worry about Model release as you're just taking snap shots from a holiday and them maybe trying to make a little money from the images you've captured, We take hundreds of local people shots every week that the appears on the website and also in a weekly magazine with no need for MR,(click on the hu17 link to see)If its on private land we then need permission from the owner or accreditation from the organizer if its an event, Just don't take photographs of children or people in authority (The Police ect, UK police are open to the odd snap shot but been abroad is a different thing). Be polite let people know who you are and take your shots if their happy to be photographed.

Paul

[antoeknee]

Re: Model Release

I think the situation in UK is quite clear, if in a public place then you can take photographs. Even so there is some issues with officials wrongly trying to prevent people photographs.

http://www.urban75.org/photos/photographers-rights-and-the-law.html

Extract from site: If you're on a public right of way - such as a public pavement, footpath or public highway - you're free to take photographs for personal and commercial use so long as you're not causing an obstruction to other users or falling foul of anti-Terrorism laws or even the Official Secrets Act

Overseas is a whole different issue.

[Columbarius]

Re: Model Release

foul of anti-Terrorism laws or even the Official Secrets Act

Thanks Paul L and antoknee. You're both quite right in that in the UK you can take pictures of anyone/anything from a public place although the law of unintended consequences (e.g. the anti-terror laws) can sometimes be applied in a draconian way.
Paul L, I think your magazine (yes I did take a look) qualifies as "editorial" so model releases would not normally be required. As Paulstw writes above, Alamy will take images for editorial use (i.e. without a model or property release). The majority of other agencies will not, their Ts&Cs having been written by their highly paid lawyers who are terrified of the company being sued.

I just wonder though if in practice all the agencies will accept non-MR material if it's unlikely that the subject will ever get to see it/recognise themselves/make a claim.

[Paulstw]

Re: Model Release

There's a thread on the Alamy Member Forums in the "Ask Alamy" section about MR and the grey thin line between people being recognized in pictures. Alamy make a statement on there, that is suggestive of supporting the idea that if there is anyone in the picture that you don't have a model release for, it can only be sold under an editorial license, which falls into the category stated above in the urban75.org site.

They said that it doesn't matter if the person is purposely blurred out or anything, or in there as a silhouette.

I reckon that's a pretty stupid ideal. If a person cannot be recognized then whose to say who it is? American Lawyers are just so picky that's all. I remove folk if I can from wide angle architecture images in photoshop. It's way easier than getting a MR. :)

If i'm taking a picture of a street full of people, it's usually because I'm purposely looking for it to have an editorial theme to it. newspapers and the press are always looking for pics of groups of shoppers, and all that stuff. Plus, those pics are far less 'stock' than your usual thing on istockphoto, and more often than not would get rejected instantly for lack of MR.

[Columbarius]

Re: Model Release

Good feedback, thanks Paul.

[Tony Hawkins]

Re: Model Release

Although this is an old ish thread I recently discovered it's only software that looks at images submitted to Shutterstock when I was asked for a MR for a statue!

[ST-EOS]

Re: Model Release

Although this is an old ish thread I recently discovered it's only software that looks at images submitted to Shutterstock when I was asked for a MR for a statue!

That made me chuckle Tony, did you sign the model release 😉

[Tony Hawkins]

Re: Model Release

Sadly not - she refuses to move!