I'm planning to make postcards out of them. There is a shop a few blocks away from my house. I was talking to the owner and we thought handmade photo cards of stereotypical scenes of the area would be nice to sell. (Presque Isle, etc. -- http://en.wikipedia.org/wiki/Presque_Isle_State_Park )
If I come up with a good image, he might want to sell framed prints.
The shop is full of digital pictures and he thinks "real photos" might sell. The owners wife thinks black and white is artistic.
If things go well and I can make some good photos that they like I might be able to sell a few.
Thus, the CYA. ;)
But I think I'm going to let these pictures slide on the release.
They were taken on a public beach during daytime hours when anybody could have walked out there and saw the same scene with the naked eye. Dozens of people float around the beaches with cameras and binoculars, etc. Unless I was using a zoom lens to home in on some chick with big knockers, wearing a bikini there is no expectation of privacy. (For example.)
Getting a release where it's not needed might actually cause more trouble than it saves.
Randy-You've gotten some good advice and some bad advice here already. Hope you can tell the difference!
^Yes, this is always a hot button issue.
Internet is probably not the best place to get this sort of advice.
How about this?
I am planning to go talk to the Head Lifeguard anyway. I took a couple portraits of him while he was on-station. These pictures I do not plan to sell or distribute outside of my Flickr page. Just out of friendship, I am going to take him a postcard sized print, anyway.
What do you say I take him his picture and bring along copies of the two pics I am planing on selling?
I show him the pics. Ask him what he thinks. If the guards in the pictures want copies, they can have them.
In the mean time, I keep a clipboard and a few blank model release forms in my car.
If I need them, I've got them close at hand.
It can never hurt to have a release that is not needed. But I would not stress over it. The people are not recognizable, especially in a post-card size. Furthermore, you can make them more silhouette-like by raising the contrast (which I would suggest anyhow, in a subjective aesthetic sense).
If you have a newer phone there are apps for model releases.
There are two reasons why model releases are a good idea:
1) they prevent claims for compensation in circumstances where compensation are appropriate, and
2) they make it much easier to sell or otherwise use your work commercially, even if the photo itself doesn't create a circumstance where compensation is appropriate (e.g. un-recognizable subjects).
The second situation is the more problematic - it doesn't do any good arguing with someone who won't buy your work because they (erroneously) think there needs to be a release.
I wouldn't bother with a release. The chances of people recognising themselves are close to zero and even if they do, the chances that they will even consider doing anything about it are also almost negligible. If you look at postcards for sale of normal tourist places you will see that many have people in them of a similar scale to yours where they are in the scene but are not the subject. I doubt that the postcard manufacturer has releases for any of them.
Let me know when you start selling those!
Originally Posted by Worker 11811
It'll help for caption writing and for your eventual book to know who the lifeguard is.
What comes to mind for me is the story about Edith Shain, the woman kissed by a sailor taken by Alfred Eisenstaedt.
Here's hoping your photos stir controversy one day.
This is especially true for professional journalism work. Often times a photo editor will deem a picture unusable without the name of the subject/s.
Originally Posted by Bill Burk