A Digital Photographer's Guide to Model Releases
Making the Best Business Decisions with Your Photos of People, Places and Things
1st Edition
Published on 1. April 2008
Book
Paperback/Softback
280 pages
978-0-470-22856-2 (ISBN)
Description
Looking to sell your photos? First, take this quiz!
*
Do I need a release for a photo of someone I took in public?
*
Should I get a release even if the person is unrecognizable?
*
Is a release necessary if I make a profit selling a photo of a person?
*
Do I need releases for photos of buildings?
*
Are releases necessary for pictures of people from other countries?
*
I took a lot of pictures as a hobby, and now I want to sell them. Do I need releases for all my people pictures?
*
If I have no plans for a photo when I take it, should I get a release anyway?
*
Does it make a difference if the subject was paid to be in the picture?
Give yourself one point for "Yes," and two points for "No." In fact, make it three points. If you scored higher than zero, you have a lot to learn about model releases, because you can't answer these questions without more information. How will the photo be used? By whom? Can the subject be associated with an idea, product, or service? Until you know that, the question of releases can't be answered.
As the photographer, you need to understand your buyer's concerns in order to make savvy decisions about how you market your photos and to whom. Here's how to make money from all your photos, whether or not they have releases, by understanding the business aspects of the law.
*
Do I need a release for a photo of someone I took in public?
*
Should I get a release even if the person is unrecognizable?
*
Is a release necessary if I make a profit selling a photo of a person?
*
Do I need releases for photos of buildings?
*
Are releases necessary for pictures of people from other countries?
*
I took a lot of pictures as a hobby, and now I want to sell them. Do I need releases for all my people pictures?
*
If I have no plans for a photo when I take it, should I get a release anyway?
*
Does it make a difference if the subject was paid to be in the picture?
Give yourself one point for "Yes," and two points for "No." In fact, make it three points. If you scored higher than zero, you have a lot to learn about model releases, because you can't answer these questions without more information. How will the photo be used? By whom? Can the subject be associated with an idea, product, or service? Until you know that, the question of releases can't be answered.
As the photographer, you need to understand your buyer's concerns in order to make savvy decisions about how you market your photos and to whom. Here's how to make money from all your photos, whether or not they have releases, by understanding the business aspects of the law.
More details
Edition
1., Auflage
Language
English
Place of publication
Chichester
United Kingdom
Publishing group
John Wiley and Sons Ltd
Target group
Professional and scholarly
Illustrations
Illustrations (some col.)
Dimensions
Height: 23.3 cm
Width: 18.7 cm
Thickness: 1.4 cm
Weight
662 gr
ISBN-13
978-0-470-22856-2 (9780470228562)
Schweitzer Classification
Other editions
Additional editions
Dan Heller
A Digital Photographer's Guide to Model Releases
Making the Best Business Decisions with Your Photos of People, Places and Things
E-Book
07/2008
Wiley
€20.99
Available for download
Person
Dan Heller has been a freelance photographer and photo industry analyst for over ten years -- a career that started when he put his photos on his Web site, www.danheller.com. His work has been featured in publications from news and business media to fine art books.
Content
INTRODUCTION: HOW WE GOT HERE.
PART 1: EVERYONE'S DOING IT. SO WHAT'S WRONG?
Preempting Misinformation.
How to Think About Model Releases.
Hey, You're Not a Lawyer.
Remember: It's Just Business.
Working with Your Clients' Lawyers.
PART 2: WHAT'S A MODEL RELEASE?
Getting on the Same Page.
Who is Responsible?
Litigation in a Nutshell.
Minimizing Your Involvement.
The Licensee's Responsibility.
How was the Image Acquired?
Was the Release Status Understood?
The Practical Approach.
The Role of Ethics.
War Stories from the Muddy Middle.
When the Best Intentions Go Awry.
Pay the Quarter to Avoid the Parking Ticket.
The Bottom Line in Business.
PART 3: UNDERSTANDING "USE".
Defining "Publishing".
Understanding Commercial Use.
Understanding Editorial Use.
Satire and Humor.
Artwork.
Blurred Lines.
The Perils of Publicizing.
Self-Publishing and Self-Promotion.
PART 4: ANALYZING THE NEED FOR A MODEL RELEASE.
Risk Analysis: The Three Key Questions.
How is the Photo to be Used?
Is the Subject Clearly Recognizable?
How Did You Take the Picture?
Model Releases and Compensation.
PART 5: DISSECTING A MODEL RELEASE.
Contract Authorship and the Spectrum of Risk.
Your Own Model Release.
Boilerplates Gone Bad.
A Simple Sample Model Release.
Revising a Release.
Considerations for Editorial Uses.
PART 6: DEALING WITH PHOTOS OF PROPERTY.
Understanding Copyrights.
Copyrights Protect Expression.
When Being Inspired Is Not Copying.
Establishing Copyright.
Understanding Trademarks.
Trademarks Protect Identity.
Limits to Trademark Protection.
Assessing Value.
Implications for Model Releases.
Testing the Trademark System.
The Rock and Roll Hall of Fame.
Hearst Castle.
Navigating the Trademark and Copyright Office Web Sites.
Considerations for Copyrights.
Editorial Use.
Public Display.
Art and Commentary.
Found Art.
Satire.
Special Considerations for Photos of Buildings.
Commercial Buildings.
Personal Homes.
PART 7: THE BUSINESS OF LICENSING.
Who Owns What?
Work-for-Hire Contracts.
Non-Work-for-Hire Contracts.
Licensing Agreement Basics.
Signed License Agreements.
The Indemnity Clause.
Negotiation 101: The Quid Pro Quo.
The Unsigned "Implicit" Agreement.
INDEX.
PART 1: EVERYONE'S DOING IT. SO WHAT'S WRONG?
Preempting Misinformation.
How to Think About Model Releases.
Hey, You're Not a Lawyer.
Remember: It's Just Business.
Working with Your Clients' Lawyers.
PART 2: WHAT'S A MODEL RELEASE?
Getting on the Same Page.
Who is Responsible?
Litigation in a Nutshell.
Minimizing Your Involvement.
The Licensee's Responsibility.
How was the Image Acquired?
Was the Release Status Understood?
The Practical Approach.
The Role of Ethics.
War Stories from the Muddy Middle.
When the Best Intentions Go Awry.
Pay the Quarter to Avoid the Parking Ticket.
The Bottom Line in Business.
PART 3: UNDERSTANDING "USE".
Defining "Publishing".
Understanding Commercial Use.
Understanding Editorial Use.
Satire and Humor.
Artwork.
Blurred Lines.
The Perils of Publicizing.
Self-Publishing and Self-Promotion.
PART 4: ANALYZING THE NEED FOR A MODEL RELEASE.
Risk Analysis: The Three Key Questions.
How is the Photo to be Used?
Is the Subject Clearly Recognizable?
How Did You Take the Picture?
Model Releases and Compensation.
PART 5: DISSECTING A MODEL RELEASE.
Contract Authorship and the Spectrum of Risk.
Your Own Model Release.
Boilerplates Gone Bad.
A Simple Sample Model Release.
Revising a Release.
Considerations for Editorial Uses.
PART 6: DEALING WITH PHOTOS OF PROPERTY.
Understanding Copyrights.
Copyrights Protect Expression.
When Being Inspired Is Not Copying.
Establishing Copyright.
Understanding Trademarks.
Trademarks Protect Identity.
Limits to Trademark Protection.
Assessing Value.
Implications for Model Releases.
Testing the Trademark System.
The Rock and Roll Hall of Fame.
Hearst Castle.
Navigating the Trademark and Copyright Office Web Sites.
Considerations for Copyrights.
Editorial Use.
Public Display.
Art and Commentary.
Found Art.
Satire.
Special Considerations for Photos of Buildings.
Commercial Buildings.
Personal Homes.
PART 7: THE BUSINESS OF LICENSING.
Who Owns What?
Work-for-Hire Contracts.
Non-Work-for-Hire Contracts.
Licensing Agreement Basics.
Signed License Agreements.
The Indemnity Clause.
Negotiation 101: The Quid Pro Quo.
The Unsigned "Implicit" Agreement.
INDEX.