Comments on: D*I*Y Planner Photo Release Kit http://douglasjohnston.net/weblog/archives/2005/07/16/diyp_photoreleasekit/ random musings from a primate Sun, 20 Jul 2008 17:32:56 +0000 http://wordpress.org/?v=2.1.3 By: Sara http://douglasjohnston.net/weblog/archives/2005/07/16/diyp_photoreleasekit/#comment-30666 Sara Mon, 18 Jul 2005 16:03:58 +0000 http://douglasjohnston.net/weblog/archives/2005/07/16/diyp_photoreleasekit/#comment-30666 Thank you! I've been avoiding taking photos of people for lack of a photo release form (that I didn't want to type up myself). Now I have no excuse! Best. Planner. Ever. I only hope that some of your organizational skilz rub off on me! Thank you! I’ve been avoiding taking photos of people for lack of a photo release form (that I didn’t want to type up myself). Now I have no excuse! Best. Planner. Ever. I only hope that some of your organizational skilz rub off on me!

]]> By: Ken http://douglasjohnston.net/weblog/archives/2005/07/16/diyp_photoreleasekit/#comment-30736 Ken Mon, 18 Jul 2005 16:44:37 +0000 http://douglasjohnston.net/weblog/archives/2005/07/16/diyp_photoreleasekit/#comment-30736 In general it's good to get a model release, however, from my understanding as a pro, you need it mainly if you want to sell your images for commercial uses like advertising. If it's news or editorial, a model release is not necessary. But it is good advice to talk to a lawyer as Doug has mentioned if you plan on selling your images and don't want to get sued. In general it’s good to get a model release, however, from my understanding as a pro, you need it mainly if you want to sell your images for commercial uses like advertising.

If it’s news or editorial, a model release is not necessary.

But it is good advice to talk to a lawyer as Doug has mentioned if you plan on selling your images and don’t want to get sued.

]]> By: Ken http://douglasjohnston.net/weblog/archives/2005/07/16/diyp_photoreleasekit/#comment-30760 Ken Mon, 18 Jul 2005 16:55:17 +0000 http://douglasjohnston.net/weblog/archives/2005/07/16/diyp_photoreleasekit/#comment-30760 Hey Doug, I gave you a plug on my blog, hopefully you will get some feedback. Hey Doug,
I gave you a plug on my blog, hopefully you will get some feedback.

]]> By: The Space Above the Couch http://douglasjohnston.net/weblog/archives/2005/07/16/diyp_photoreleasekit/#comment-30919 The Space Above the Couch Mon, 18 Jul 2005 19:05:01 +0000 http://douglasjohnston.net/weblog/archives/2005/07/16/diyp_photoreleasekit/#comment-30919 Ken, I'd heard that there is such a thing as allowance for journalists, but had to wonder about the history of great photography and all the candid moments that were captured. Greed is crippling art. (People actually try to patent colours?!) I can understand both sides of the picture and agree that people should have a right to fight exploitation, but why are there "allowances" for paparazzi, but not for great "art". Is it because tabloids have big business behind them? I know of one amazing photographer who has given up taking pictures of people altogether. I'm sure he's not alone. Just a few thoughts... Ken, I’d heard that there is such a thing as allowance for journalists, but had to wonder about the history of great photography and all the candid moments that were captured. Greed is crippling art. (People actually try to patent colours?!) I can understand both sides of the picture and agree that people should have a right to fight exploitation, but why are there “allowances” for paparazzi, but not for great “art”. Is it because tabloids have big business behind them? I know of one amazing photographer who has given up taking pictures of people altogether. I’m sure he’s not alone. Just a few thoughts…

]]> By: T Edwards http://douglasjohnston.net/weblog/archives/2005/07/16/diyp_photoreleasekit/#comment-31190 T Edwards Tue, 19 Jul 2005 00:44:41 +0000 http://douglasjohnston.net/weblog/archives/2005/07/16/diyp_photoreleasekit/#comment-31190 I am not an expert in this field of law, but from my hazy recollection from law school, these releases look legally deficient. It is not enough to just say that consideration (payment or something of value) was given, such an exchange must actually happen. Otherwise there is no contract. This leads to the legal formalism in some contracts of contracting in "exchange" for $1; i.e. "In exhange for consideration of $1, I sell my house to X". I agree with the above poster that as a practical matter releases aren't unnecessary except in the context of advertising or sale of the image. To be safe, if you take a picture of someone that you think is going to make you money somehow, I would suggest actually paying that person a token sum and clearly specifying that in the release. And as always be sure to consult with an attorney about legal issues and never rely on legal "advice" from the internet. I am not an expert in this field of law, but from my hazy recollection from law school, these releases look legally deficient.

It is not enough to just say that consideration (payment or something of value) was given, such an exchange must actually happen. Otherwise there is no contract. This leads to the legal formalism in some contracts of contracting in “exchange” for $1; i.e. “In exhange for consideration of $1, I sell my house to X”.

I agree with the above poster that as a practical matter releases aren’t unnecessary except in the context of advertising or sale of the image.

To be safe, if you take a picture of someone that you think is going to make you money somehow, I would suggest actually paying that person a token sum and clearly specifying that in the release.

And as always be sure to consult with an attorney about legal issues and never rely on legal “advice” from the internet.

]]> By: dougj http://douglasjohnston.net/weblog/archives/2005/07/16/diyp_photoreleasekit/#comment-31279 dougj Tue, 19 Jul 2005 01:33:22 +0000 http://douglasjohnston.net/weblog/archives/2005/07/16/diyp_photoreleasekit/#comment-31279 T Edwards, I agree completely with all your points. A number of people I know or have read about will vary their "consideration" and offer things like $1, copies of the picture, a copy of any book that has it published, etc.. Some will go out of their way to make tokens to give out to people (such as small signed posters) as the contractual consideration. And <em>never</em> trust advice from the Internet (even the well-regarded ASMP, from which these were taken) without checking with a lawyer. That includes me, of course. ;-) The source for the full releases has been provided, so you can modify them to suit your legal purposes, including noting the consideration offered. dj T Edwards, I agree completely with all your points.

A number of people I know or have read about will vary their “consideration” and offer things like $1, copies of the picture, a copy of any book that has it published, etc.. Some will go out of their way to make tokens to give out to people (such as small signed posters) as the contractual consideration. And never trust advice from the Internet (even the well-regarded ASMP, from which these were taken) without checking with a lawyer. That includes me, of course. ;-)

The source for the full releases has been provided, so you can modify them to suit your legal purposes, including noting the consideration offered.

dj

]]> By: AndyK http://douglasjohnston.net/weblog/archives/2005/07/16/diyp_photoreleasekit/#comment-34473 AndyK Thu, 21 Jul 2005 15:58:39 +0000 http://douglasjohnston.net/weblog/archives/2005/07/16/diyp_photoreleasekit/#comment-34473 Here are two websites with other legal advice to carry with you: The Photographer's Right - A Downloadable Flyer Your Rights When You Are Stopped or Confronted for Photography Photographers Rights A short guide to photographers rights in the UK. Here are two websites with other legal advice to carry with you:

The Photographer’s Right - A Downloadable Flyer
Your Rights When You Are Stopped or Confronted for Photography

Photographers Rights
A short guide to photographers rights in the UK.

]]> By: AndyK http://douglasjohnston.net/weblog/archives/2005/07/16/diyp_photoreleasekit/#comment-34482 AndyK Thu, 21 Jul 2005 16:03:32 +0000 http://douglasjohnston.net/weblog/archives/2005/07/16/diyp_photoreleasekit/#comment-34482 The Photographer's Right - A Downloadable Flyer Your Rights When You Are Stopped or Confronted for Photography <a href="http://www.krages.com/phoright.htm">www.krages.com/phoright.htm</a> Photographers Rights A short guide to photographers rights in the UK. <a href="http://www.sirimo.co.uk/ukpr.php">www.sirimo.co.uk/ukpr.php</a> The Photographer’s Right - A Downloadable Flyer
Your Rights When You Are Stopped or Confronted for Photography
www.krages.com/phoright.htm

Photographers Rights
A short guide to photographers rights in the UK.
www.sirimo.co.uk/ukpr.php

]]> By: a million monkeys typing » D*I*Y Planner Hipster PDA Edition http://douglasjohnston.net/weblog/archives/2005/07/16/diyp_photoreleasekit/#comment-70277 a million monkeys typing » D*I*Y Planner Hipster PDA Edition Sun, 04 Sep 2005 14:58:18 +0000 http://douglasjohnston.net/weblog/archives/2005/07/16/diyp_photoreleasekit/#comment-70277 [...] ose advice has been beyond compare. Feedback, as always, is much appreciated. Update 1: Photo Release Kit add-on Update 2: Job Tracker add-on [...] […] ose advice has been beyond compare. Feedback, as always, is much appreciated. Update 1: Photo Release Kit add-on Update 2: Job Tracker add-on

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