Release form needed for street photography?

12 years 2 weeks ago #221299 by Number 7
If your out taking random street photography shots, do you need a release form of any sort? What if you get a great shot of someone, and later submit that to a magazine for publish. Will they ask for a model release form on the person in the photo? If that being the case and not knowing at time photo is taken which shot will be "the one". How does all of this work for street photographers who aspire to get published?

Seems like getting a model release form on everyone you photograph might be a tough one to pull off?


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12 years 2 weeks ago #221312 by geoffellis
Seriously... This has been asked/covered so many times before in so many different places

But the answer is maybe. maybe you do or maybe you dont. it depends on EXACTLY how the image is published. It also depends on EXACTLY what country your in and the applicable laws.

If you want to be 100%, consult a local lawyer.
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12 years 2 weeks ago #221314 by Stealthy Ninja
I remember back in Australia (and this may have changed, I haven't been living there for 12 years) the law was if you're out in public and someone takes a photo of you, the person/company has the right to use your image any way they like (sort of pornographic and illegal purposes).
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12 years 2 weeks ago #221339 by icepics
As Geoff mentioned, you might be able to search on here and find previous threads.

The general guideline is that you need a release for commercial use, not for editorial (such as a newspaper). So while you can take photos in public, if you want to use someone's image in a way that you'll be making money from it, you'll need their permission.

Try looking up professional photographers organizations like ASMP for guidelines; ASMP I think has a 'pocket' release that can be used to carry with you.

Sharon
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12 years 2 weeks ago #221498 by geoffellis

icepics wrote: The general guideline is that you need a release for commercial use, not for editorial (such as a newspaper). So while you can take photos in public, if you want to use someone's image in a way that you'll be making money from it, you'll need their permission.


This is not always true. depending on your local laws... possibly even in the united states... you are often allowed to make a profit from the work... such as selling it to a magazine, private gallery, etc. Its only when you actually use the photo in a manner such as advertising (eg "This is the result of overeating", picture of fat woman on park bench eating hot dogs) that you become open to liable lawsuits, etc. But everything depends on exactly how the law is expressed where you are.
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12 years 2 weeks ago #221627 by Henry Peach

Number 7 wrote: How does all of this work for street photographers who aspire to get published?


It's constantly changing, and probably depends a lot on how expensive of a lawyer you can afford. As said above laws vary from place to place, and they are all different for commercial, editorial, documentary, and artistic use.

I've never read an account of Henri Cartier Bresson getting a release formed signed.

Robert Doisneau was taken to court by several couples who claimed to be in his street photos, but he was able to produce release forms from the actual subjects.

These days it seems like people are more likely to pursue legal action, they have the impression that photographers may be making money from the photos (or otherwise exploiting them), people tend to be suspicious of photographers wandering around and shooting them and their kids, and we are often portrayed as pervs and potential terrorists in the media. Street photographers have more issues to be worried about today than ever before. We used to laugh at people who thought cameras stole the soul, but today everyone believes it! ;)
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