Looking for a portrait subject release

Discussion in 'Ethics and Philosophy' started by bwphoto, Dec 4, 2006.

  1. bwphoto

    bwphoto Member

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    I will be going to a sports camp in early '07 and am in need of an artist type release for taking portraits of the participants. I am also a participant at the sports fantasy camp and want to make portraits of the fellow campers and who knows, get them in a photo show or at least my website! Is it a good idea to pay them a small stipend for the privilege of taking their picture and also having them sign the release? As you can see, I am a newbie at this, but do not want to get into any legal entanglements, any advice you can offer will be well recieved.
    Bob
     
  2. wfe

    wfe Member

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    There is a web site called I love Photography that is largely dedicated to photographing children http://ilovephotography.com/
    They have some releases posted. As far as compensation goes IMO that depends on the situation and what you and your subjects are comfortable with.

    Cheers,
    Bill
     
  3. SuzanneR

    SuzanneR Moderator Staff Member Moderator

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    A lot of folks offer a print in exchange for the release.
     
  4. mgb74

    mgb74 Subscriber

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    Every release form I've seen had words to the effect of "for consideration received in full". More than you might want to know: http://en.wikipedia.org/wiki/Consideration. I suppose a print or even a scan would qualify.

    A google search on "model release form" will get you plenty of examples.

    If you don't have a release, using a recognizable image in any manner likely to bring you economic benefit would, IMHO, be very risky. I suspect you might be OK if the image doesn't bring economic benefit and does not subject the individual to redicule. But in a litigious society, could be a problem.
     
  5. MikeSeb

    MikeSeb Member

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    My non-lawyer's working understanding is that you won't need a release for the portraits you sell to the subjects themselves as long as you aren't using the images for any other commercial purpose. For images you intend for wider commercial use you'll need a release signed by a legal adult of course (how old are the soccer-camp participants?)

    Most of the releases I've seen do indeed obtain permission "in return for valuable consideration received"; I've heard of photographers offering a dollar bill or a print. The release is invalid unless the consideration is actually given, so be careful about completing your part of the deal. The dollar on the spot might be easier to administer than to track down the participants later, depending on how many subjects you're dealing with.

    There's a book out there, Legal Forms for Photographers by Tad Crawford that is very informative on this score, and which has a CD containing forms you can customize and use.
     
  6. bwphoto

    bwphoto Member

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    Thanks for your help

    Appreciate your suggestions and advice re. this, I want to do it right and be protected because while my photographs, will not reduce someone to ridicule but will not be Olan-Mills'esque either, so want to tread lightly here.
     
  7. JBrunner

    JBrunner Moderator Staff Member Moderator

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    Yes, legally the dollar enforces it as a contract, paid at the time. It can make a big difference down the road.