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  1. #1
    marciofs's Avatar
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    Model Release to sell print in Germany

    In Ireland and England I didn't need to get release from models.
    But I know in Most countries it is needed, but not for selling prints as art.

    But in the street photography thread they were saying that any kind of publication and print needs the models' release it doesn't matter the purpose (I wonder it works in journalism).

    My question is: Do I have to collect release from models In Germany in order to sell my prints? Buyer or even the government ask for it? Can models' sue me eventually for selling prints without release?

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    Quote Originally Posted by marciofs View Post
    In Ireland and England I didn't need to get release from models.
    But I know in Most countries it is needed, but not for selling prints as art.

    But in the street photography thread they were saying that any kind of publication and print needs the models' release it doesn't matter the purpose (I wonder it works in journalism).

    My question is: Do I have to collect release from models In Germany in order to sell my prints? Buyer or even the government ask for it? Can models' sue me eventually for selling prints without release?
    Are you making a living out of these pictures?
    'Cows are very fond of being photographed, and, unlike architecture, don't move.' - Oscar Wilde

  3. #3

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    I have never lived in Germany but in the countries where I have lived you don't need model releases for editorial work (newspaper, textbook, evening news, etc). I don't think any company in their right mind in Ireland or England would use a non model released image for an advertising campaign.

    There has been much chatter on the internet about privacy laws in Germany. I am not a lawyer and it's been years since I've visited Germany. Here is someone discussing the topic. Up to you whether you trust that source.

  4. #4
    ath
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    Quote Originally Posted by marciofs View Post
    My question is: Do I have to collect release from models In Germany in order to sell my prints?
    No. But since the models can sue you it's better to have one.

    Quote Originally Posted by marciofs View Post
    Buyer or even the government ask for it?
    Probably not. Maybe a judge...

    Quote Originally Posted by marciofs View Post
    Can models' sue me eventually for selling prints without release?
    Yes.

    Look up the german "Kunsturhebergesetz" (http://de.wikipedia.org/wiki/Recht_am_eigenen_Bild).
    Regards,
    Andreas

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    I can't answer for Germany, or for selling prints, and my knowledge is only from a Journalist's concern; in the U.S. if it is something/someone that can be seen from the street (public spaces), a release should not be necessary. This may not apply to children. I don't image Germany would be terribly different.

    Modeling isn't the same as people in a public space, even if the photos are in public. Since they are presumably doing it for a fee or other compensation (portfolio material), I'd think the release should be part of the contract. Even if they model for free, being a model is a job/career, so I'd think a release would be appropriate.
    Truzi

  6. #6
    AgX
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    Truzi, it is different in Germany (and other countries).

  7. #7
    marciofs's Avatar
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    Quote Originally Posted by ath View Post
    Yes.

    Look up the german "Kunsturhebergesetz" (http://de.wikipedia.org/wiki/Recht_am_eigenen_Bild).
    I don't understand German.
    Just one more question. Does it says the release must be in German or can it be in English?

  8. #8
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    Quote Originally Posted by marciofs View Post
    I don't understand German.
    Just one more question. Does it says the release must be in German or can it be in English?
    Any release should, in the first place, be in a language that both parties to the release are proficient in.
    Matt

    “Photography is a complex and fluid medium, and its many factors are not applied in simple sequence. Rather, the process may be likened to the art of the juggler in keeping many balls in the air at one time!”

    Ansel Adams, from the introduction to The Negative - The New Ansel Adams Photography Series / Book 2

  9. #9
    AgX
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    Quote Originally Posted by marciofs View Post
    I don't understand German.
    You want to do business. Part of that is to adapt to the environment you want to do business in. Getting legal issues right is part of any business too.
    Maybe I sound harsh but some issues you referred to so far are just the kind of homework one has to do.

  10. #10
    marciofs's Avatar
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    Quote Originally Posted by MattKing View Post
    Any release should, in the first place, be in a language that both parties to the release are proficient in.
    Ok. Thank you.

    Quote Originally Posted by AgX View Post
    You want to do business. Part of that is to adapt to the environment you want to do business in. Getting legal issues right is part of any business too.
    Maybe I sound harsh but some issues you referred to so far are just the kind of homework one has to do.
    Well I am studding German. And I just sell prints that's all.

    And my questions here are my homework. I don't know where else to ask. Who else I ask out there nobody knows nothing about.

    Since here is a international comunity about photography I thought I could do my homework here.

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