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MadTrace
MadTrace  10268 forum posts United Kingdom
4 Dec 2007 - 3:39 PM

Can anyone help. I want to use some images from a recent photo shot on my website and in leaflets. Can anyone suggest a standard disclaimer or something along those lines, I don't think I need a model release as I don't intend to sell the images. Any links or PMs gratefully received

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4 Dec 2007 - 3:39 PM

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MattyEdwards
MattyEdwards e2 Member 744 forum postsMattyEdwards vcard United Kingdom1 Constructive Critique Points
4 Dec 2007 - 3:46 PM

I am not sure on the subject but as the photographer you own the copyright of your images and therefore do not need a disclaimer or model release. Anyone else agree

Carabosse
Carabosse e2 Member 1139392 forum postsCarabosse vcard England269 Constructive Critique Points
4 Dec 2007 - 4:09 PM


Quote: I don't think I need a model release as I don't intend to sell the images.

You don't (legally) need a model release even if you do intend to sell the photos. It is just that if photos of people are used in a way that the person concerned thinks is inappropriate, you could be open to libel action.

An example would be if a photo for a very thin person was used in an ad for an AIDS charity or in an article on anorexia or drug-abuse. It is not relevant whether money is passing or not. You could libel someone even by just putting up their photo on a website, if it accompanied by what they regard as inappropriate text.

The model release covers your back, so to speak.

Last Modified By Carabosse at 4 Dec 2007 - 4:13 PM
kokobrown
kokobrown  101902 forum posts Scotland
4 Dec 2007 - 4:24 PM

I think if youve used the shot using a model from an agency, just for tests, then I think you can use it for self promotion but nothing else, ie you couldnt sell it to a library.

If thats the case, check with the agency who will no doubt advise you.

Laura x

Krakman
Krakman  73615 forum posts Scotland
4 Dec 2007 - 5:31 PM

Assuming the model didn't actually commission/pay you to take the pics, then go ahead and use them for self promotion/portfolio without a model release, there's no problem. If she commissioned you, then potentially other rules apply.


Quote: You don't (legally) need a model release even if you do intend to sell the photos.

That's not quite right if for example the model was told that the pics would be for your mutual portfolios eg. on a time-for-prints basis. If you then went ahead and used them commercially without her consent then, while in theory you'd be OK from the copyright point of view, she could sue you for breach of contract. So you would need her permission to sell the images commercially.

Doesn't stop you using them in self-promotion/on website etc though as that is effectively using the pics in your portfolio. Different matter if you try to sell the pics to others.

Last Modified By Krakman at 4 Dec 2007 - 5:33 PM
Carabosse
Carabosse e2 Member 1139392 forum postsCarabosse vcard England269 Constructive Critique Points
4 Dec 2007 - 5:55 PM


Quote: That's not quite right if for example the model was told that the pics would be for your mutual portfolios eg. on a time-for-prints basis.

This is assuming it was a model (i.e.hired for the purpose of the shoot or who hired the tog) and, more importantly, that the model was told anything at all! Wink

Tracy has not indicated who or in what circumstances she took these photos. But looking at her folio, a shot in the (semi) dark suggests they may be children?

Last Modified By Carabosse at 4 Dec 2007 - 5:56 PM
Krakman
Krakman  73615 forum posts Scotland
4 Dec 2007 - 6:04 PM


Quote: This is assuming it was a model (i.e.hired for the purpose of the shoot or who hired the tog) and, more importantly, that the model was told anything at all!

Actually applies to anyone whether or not they're a professional model. Assuming nothing's in writing, there's an oral contract and it's a question of what was implied. If it was implied that the session was on a TFP basis or similar, then the normal assumption would be that they are for your mutual portfolios.

OTOH if you paid the model, that might imply that you had the right to use the images how you wanted, but you'd have to look at all the circs, and in that case you would normally expect a model release.

Carabosse
Carabosse e2 Member 1139392 forum postsCarabosse vcard England269 Constructive Critique Points
4 Dec 2007 - 6:07 PM

Oral contracts are one person's word against another's! Not always a good basis for litigation! Wink

If the "model" was a child - as may be the case here- they do not have capacity to contract anyway, orally or otherwise.

No doubt Tracy will clarify, in due course.

Last Modified By Carabosse at 4 Dec 2007 - 6:08 PM
MadTrace
MadTrace  10268 forum posts United Kingdom
4 Dec 2007 - 6:11 PM

My situation is I have a pregnant lady who has asked me to take some images of her pregnancy, she is paying me to do this. I would like to then use some of the images (if any good of course) on my website and on EPZ. Understandably she will be in a state of somewhat undress, but nothing other than the belly will be on show, some may not even have a face in. Think that maybe I should have something to cover my back? Really appreciate your thoughts

Krakman
Krakman  73615 forum posts Scotland
4 Dec 2007 - 6:38 PM

In that case, unfortunately, you have to get her permission to publish them even on your website and promotional materials Sad

Nothing to stop you showing them privately as part of your portfolio though.

Her consent doesn't have to be in any particular form, just make sure you identify the pics clearly, that the release clearly states the use that she agrees to, and that she signs and dates it. If it's easier, an e-mail from her saying she doesn't mind, while not ideal, should be enough.

Carabosse
Carabosse e2 Member 1139392 forum postsCarabosse vcard England269 Constructive Critique Points
4 Dec 2007 - 7:45 PM


Quote: a pregnant lady who has asked me to take some images of her pregnancy, she is paying me to do this.

If she has commissioned you for this, I'm afraid Section 85 of the Copyright Act 1988 gives her certain rights to privacy. This includes:

"the right not to have......... the work exhibited or shown in public"

That would include your website, Tracy. So, as Simon indicates, you do need to cover your back if you are going to put the the photos up on a website and include them in leaflets.

It does not make any difference whether her face is shown or not. It is a commissioned photo: that what determines what you have to do here.

Krakman
Krakman  73615 forum posts Scotland
4 Dec 2007 - 8:03 PM

Just to expand on that a little, that Section 85 only applies to works commissioned for private and domestic purposes. Which sadly sounds like it's the case here.

But it wouldn't apply if the pics were commissioned for non-domestic/private purposes eg. by a company or if they were commissioned for a hairdressing business run by the lady etc...

Just thought it worth mentioning, though it doesn't help madtrace.

Carabosse
Carabosse e2 Member 1139392 forum postsCarabosse vcard England269 Constructive Critique Points
4 Dec 2007 - 8:09 PM

Indeed. In practical terms it may be (for example) that the lady may not want to allow pics showing her face, but might not mind allowing the anonymous ones.

That could be a stipulation on any model release and Tracy would have to abide by it.

MadTrace
MadTrace  10268 forum posts United Kingdom
4 Dec 2007 - 8:46 PM

Ok thanks for that really helps me out, do you know of any links to suggested model releses etc.

Boyd
Boyd  1011213 forum posts Wales11 Constructive Critique Points
4 Dec 2007 - 8:48 PM


Quote: do you know of any links to suggested model releases

TA DAH!

I knew we'd find a use for that new download section
Wink

Last Modified By Boyd at 4 Dec 2007 - 8:49 PM

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