If you are publishing the images for commercial usage (i.e. - making
money from them) - you should have a release. I think all of your
example except perhaps a subset of #3 would fall into that category.
With #3 - if the usage was editorial or journalistic a release may not
be needed. Take a photo of people enjoying a concert in the park - no
release would be needed to give the photo to a newspaper to print in a
news account about the concert. A release would be needed to give the
photo to the band that was playing to use in their promotional materials.
As a general rule of thumb - if someone is profiting from the commercial
use of another person's likeness, a release is needed. General promotion
of a product or fund raising by non profits would fall into that
category. release not needed for journalism or editorial use.
There are lots of nuances and shades of grey - if you are dealing with
school events and minors I'd suggest being cautious - parents can be
pretty touchy about things involving their kids (and more power to them.)
Mark
On 4/15/2015 4:26 PM, Igor PDML-StR wrote:
I have a question for PDMLers who might have experience with that.
(I had never thought of these questions before...)
Let's consider a photo session (in studio or on location), and the
photographed subjects (or their parents) are ordering photographs
(specific example: individual and group photos of kids at school,
sport teams/dance studios...).
Question: Can the photographer use these photographs elsewhere without
an explicit model release(s)?
I would consider three sub-questions related to the purpose
1) for some explicit profit (e.g. sell to a 3rd party, including
stock, magazine, etc.)
1a) can the studio/venue where it happend (dance studio) buy the photo?
2) for advertizing purposes (on the photographer's website, on other
websites, in the printed ads)
3) without any profit or explicit advertisement purposes (e.g. on the
community website, free giveaway to some news media).
I know that under this conditions (unless specified otherwise in the
contract), the photographer keeps the copyright (even though it is a
work for hire). But what about the rights of the people imaged (in the
context lined out in the cases above)?
Thank you,
Igor
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