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Author Topic: When is a model/property release required?  (Read 5450 times)

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Punit Patel

  • www.photoshopmagic.co.in
« on: March 02, 2011, 13:48 »
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Whenever an image is used for editorial purpose and the person/property becomes the main subject a model/property release is must.

Are there any other points which can be added ?


« Reply #1 on: March 02, 2011, 14:28 »
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Yes.

Your initial assertion is incorrect.

Next point.

Punit Patel

  • www.photoshopmagic.co.in
« Reply #2 on: March 03, 2011, 00:03 »
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Then help me correct it. Since you are an expert you can share some point
« Last Edit: March 03, 2011, 00:05 by Punit Patel »

« Reply #3 on: March 03, 2011, 00:47 »
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You have it exactly backwards.  Editorial use does not require a model release.  Most commercial uses do, and agencies require a release to be submitted with any image with recognizable people. 

« Reply #4 on: March 03, 2011, 02:11 »
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Then help me correct it. Since you are an expert you can share some point


The specific requirements vary from agency to agency - and they have changed from time to time, often requiring releases where in the past none were.

Unless you can be a little more specific about what you really want to know, no one can give you anything useful

« Reply #5 on: March 03, 2011, 02:30 »
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Check photoattorney.com - lot of indepth analysis about that. I was seriously surprised how idiotic agencies are about this - 80% of their requirements for MR/PR are just fear and not based on real necessity.

Punit Patel

  • www.photoshopmagic.co.in
« Reply #6 on: March 03, 2011, 03:17 »
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Thank you all extremely helpful  :).

I had asked the question and the reply I had received via email is mentioned above. Since I wasn't sure so thought of asking it on MSG  and turned out to be extremely helpful thank you all.

JSNOVER - I have a few images taken on the beach.  I saw a wonderful house nearby which was included in the image but I did not enter their premises and the model is the main subject in the images. Do I still need a property release?
« Last Edit: March 03, 2011, 03:36 by Punit Patel »

« Reply #7 on: March 03, 2011, 03:21 »
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Check photoattorney.com - lot of indepth analysis about that. I was seriously surprised how idiotic agencies are about this - 80% of their requirements for MR/PR are just fear and not based on real necessity.


especially when agencies will pass the blame straight onto the photographer

« Reply #8 on: March 03, 2011, 12:31 »
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Thank you all extremely helpful  :).

I had asked the question and the reply I had received via email is mentioned above. Since I wasn't sure so thought of asking it on MSG  and turned out to be extremely helpful thank you all.

JSNOVER - I have a few images taken on the beach.  I saw a wonderful house nearby which was included in the image but I did not enter their premises and the model is the main subject in the images. Do I still need a property release?


I was independent but now am exclusive with IS. I am 99% certain IS would be OK without a property release for a house in the background - not the Disney castle, but a regular house. I do recall some independents mentioning other agencies getting really picky about property releases, but for something in the background with a model as subject I think none of them will require a property release.

@basti. The issue is always risk - how much risk are you and the agency willing to assume. No one wants to end up in court litigating issues - the goal is to avoid that - which means the agencies get cautious and big companies with aggressive laywers (cruise ships, for example) can get agencies nervous.

Not sure how you define "real necessity", but arguably it's nuts for agencies to insist on a model release when the photographer is the model, especially where they insisted on photo id when the account was opened. Also arguably not necessary to include model releases for your own kids (although it might help to have one if a subsequent divorce means things that were once fine are now contentious). I could go on, but this isn't a black/white area. In general, much as I get miffed when something is off limits as RF stock, I don't want to crusade for photographer's rights, I just want to avoid litigation and paying a lawyer over some photo I sold, so I'm OK with agencies being risk averse.

« Reply #9 on: April 21, 2011, 14:56 »
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This post will help a lot.

 I am new to this stock business and not at all good with computers :( what can one do to upload images to multiple site at once do we have an alternative or do we have to spend hours in front of the computer (which I hate the most) to upload on one site and then another?

Its difficult for me to find where and who do I ask the questions in this forum.

Punit -Thank you for guiding me here. You were correct this site has a lot to offer to newbies like myself.


 

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