Can I legally use these photos?

7 months 2 weeks ago #650591 by Uplander
Last week I took some photos while playing golf. My photos that turned out really nice are other golfers from a distance.

 I don’t have any model releases.I’m pretty sure I can’t sell these or offer them as stock. However can I use these for photo contest or for free submissions to magazines?


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7 months 2 weeks ago #650600 by icepics
Not for a contest I don't think, not when you could benefit financially. You'd need to check rules of the contest.

Not for stock, you don't have their permission for their images to be used over and over for unknown purposes from now on (with no specific timeframe). 

Usually the guideline is if the subjects are recognizable.

You wouldn't usually need releases for editorial use like newspapers, but releases may be requested. You shouldn't need a release for a fine art print intended for the buyer's personal use (to hang on the wall).

If the subjects were so far away they aren't recognizable, maybe. But then, if photos show enough of the golf course to be recognizable, you'd need property releases signed by the golf course.

Get on asmp.org or PPA for info. on releases, licensing usage, etc.

Sharon
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7 months 2 weeks ago #650602 by Shadowfixer1
You can use them for stock as long as you classify them as "editorial".

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7 months 2 weeks ago #650804 by Uplander
Thank you both.   So I CAN use for stock?   "Editorial", this will be enforced by the stock company, so if someone uses outside of that is not my fault then right?


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7 months 2 weeks ago #650820 by Shadowfixer1
Usually you have to choose when submitting. If there is not an option to choose to upload as editorial, don't do it.

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7 months 2 weeks ago #650844 by Uplander

Shadowfixer1 wrote: Usually you have to choose when submitting. If there is not an option to choose to upload as editorial, don't do it.


Ok, thank you.  Now from legal stand point, once I select editorial, would this clear me from what people do with the shots?  Or could I still be liable?  


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7 months 2 weeks ago #650874 by Shadowfixer1
I'm not an attorney but if they sell the image without having a release on file, I would say the burden lies on them, but with the courts these days, who knows? :toocrazy:

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7 months 2 weeks ago #650889 by garyrhook
If and end-user violates the (e.g.) Getty license (to which they've agreed) then that's between them and the licensing agency. And the end-user would be responsible for the misuse. How would you be involved? (Hint: you wouldn't be, presuming you set the image up properly and legally in the first place.)


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7 months 2 weeks ago - 7 months 1 week ago #650923 by icepics
I wasn't familiar with editorial use as stock, and from what I read companies seem to be covering themselves by saying editorial use only, no releases for the photos. So what?? that may cover them but I don't think it covers you as the photographer. You'd be agreeing to their Terms which say you can NOT hold the stock site liable. Period. I think you're on your own, they seem to take no responsibility for what happens to your photos, editorial use does NOT seem to be enforced by the stock company (at least not Shutterstock). READ THE TERMS.

Shutterstock is NOT a US company. Everything in their Terms is in the UK/London or the Netherlands (except music is in Canada). There goes your US copyright, protection under US laws, etc. you'd be putting your photos on a site governed by laws in another country. They're also registered in Delaware which is a red flag, apparently overseas companies can register there, but in any other state they'd be registered as foreign owned businesses. And apparently it's easy enough for anybody to rent office space in NYC...

Have looked at Getty before and took another look; their agreement with buyers say they can't hold Getty liable, and unless the buyer breaches the agreement Getty agrees to hold the buyer harmless. But the agreement for licensing by photographers gives Getty exclusive use of photos posted on their site, the right to set the conditions and price, etc., so photographers can NOT license those photos themselves for other uses. I can't see agreeing to those conditions but that's me.

I don't know if it would be worth it if your photos are used in an unauthorized way (and one of the subjects or owners of the golf course happen to see it on a golf site), or maybe that wouldn't happen. Maybe if you get on the Photo District News www.pdnonline.com and look at legit stock agencies and get your photos accepted with one of them. Usually I see people trying stock and give it maybe a couple of years or so and are done with it because they aren't making any money at it.

Sharon
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6 months 3 weeks ago - 6 months 3 weeks ago #653257 by Shadowfixer1
The first part is  somewhat relevant to this discussion.

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6 months 3 weeks ago #653422 by Chris Briggs
So this brings up a good question, at what distance does someone need to be from  you /your pictures frame, in order to not need release form?  Far enough where you can't recognize them?


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