Hi all - Just before christmas, someone asked a question about model releases, and then I followed up with my own question about property releases. I cannot find that original thread now (probably because the thread name was named something else).
I have a few questions, and don't know exactly where to turn. I am an amateur photographer, and have never had this type of situation come up before, and definately want to avoid it in the future.
I recently photographed the 'roll-in' of a charity car show for a car club where their club banner appeared in the foreground of each picture.
I had to find someone from the car club with letterhead and get them to draft a quick statement, sign it and also put a phone number where the lab could call to confirm the validity of the paperwork.
Eventually, I was able to get the pictures, but I was in a panic for a while, during the process.
Would the same thing occur had I taken a picture of the WALT DISNEY WORLD sign, or the front of a Sears and Roebuck store, and tried to have it printed via a digital lab?
What forms would I need to have the club, and any future clients, sign prior to my performing any work for them? Can a generic form be downloaded from the web somewhere? I really appreciate any assistance you may be able to offer.
You certainly do NOT need any kind of release for images that are for personal use or for what is known as "editorial use" (which is almost anything other than advertising or promotion).
"You do not need a release if the image is being sold editorially" Photographers Market 2003, p.13
I have no idea why the lab took the attitude they did. I would change labs and find one that understands these things.
Jak's absolutely correct -- someone at the lab didn't know what they were doing.
Apart from special circumstances like Jak already mentioned, you ONLY need releases when the image is going to be used in something "public" -- a product for sale, a brochure, etc, etc etc. However, those releases are for you and the entity creating the product the image is used in. The lab shouldn't need a release regardless of what's in the image.
Jak's absolutely correct -- someone at the lab didn't know what they were doing.
Apart from special circumstances like Jak already mentioned, you ONLY need releases when the image is going to be used in something "public" -- a product for sale, a brochure, etc, etc etc. However, those releases are for you and the entity creating the product the image is used in. The lab shouldn't need a release regardless of what's in the image.
I would caution this advise with the guidance to respect the local laws of the land. As we all know, DPC is a global site, and not all countries have the same laws. You may be 100% correct in the USA, but are you right everywhere a DPC member may live? Not too likely….
