I am taking pictures (no pay just volunteer) for a car show in a couple of weeks. I offered to burn them to a slide show with music for the club. They are now talking about selling them as a fund raiser for the non profit they are going to donate to.

so I am wondering since they now have a price, do I need to get releases form the people I photograph to use their image?

admission is free they do have to pay a registration fee to enter their car.
posted by:
Sandy_in_sandyland
California

  • great question - I'd like to more about this
    As I understand it, for books and art prints you do need releases.
    For newspapers, magazines, online blogs etc , you don't, but it is always polite to get people to sign off.
    On the other hand I don't have references to back this up and it all sounds a bit murky to me.
  • wade through www.photoattorney.com/

    I'm pretty sure that since it was a public event you wouldn't need a model release from anybody. As long as there is nothing embarrassing or degrading, you will have no problem.

    Anytime you publish a photo, whether for pay or not, it never hurts to get a model release. But I take thousands of event photos and I don't get model releases. On the other hand, I also do model shoots and for those I always get a model release.
  • "I am taking pictures (no pay just volunteer) for a car show in a couple of weeks. I offered to burn them to a slide show with music for the club. They are now talking about selling them as a fund raiser for the non profit they are going to donate to.

    so I am wondering since they now have a price, do I need to get releases form the people I photograph to use their image?

    admission is free they do have to pay a registration fee to enter their car."
    ----------------------
    So, ... we have photos of people and cars at a car show that are going to be sold (the photos - not the people or cars).

    I know practically nothing about this sort of thing, but if I were a participant in such a car show or similar event I might be a little concerned, even ticked off, to discover that my image and a photo of my award winning custom car were being sold without my permission (non-profit or not). I don't think you can just assume that everyone is going to be a happy camper with something like this.

    Now if the car show organizers have their act together, they have a "fine print" release as part of the entry form the participants fill out when they sign up to enter the car show - basically signing away all their rights to such images (you might want to get back to the car show folks to see if they have such a clause in the registration form).

    To avoid potential hard feelings, as well as a lawsuit, I would have the show folks track down the subjects of the photos and get model and property releases.
    And next year have such releases as part of the sign-up form.

    This just seems logical to me.
    • Will you need something clearly stated as for valuable consideration model/subject will get print in exchange for use of likeness in images.

      Read the principle of Privacy.

      +++
      The Right of Privacy

      Although the laws of the 50 states vary, all states recognize that individuals have a right to be let alone in their daily lives and that harm (in the form of embarrassment, scorn or loss of status) can result if that right is violated.

      However, the right of privacy is not absolute. In particular, the courts have long held that news reporting and social, political and economic commentary — the things the First Amendment was designed to protect — are more valuable to society than an individual’s right to be let alone. Therefore, images that are part of the public colloquy about events have usually been exempt from privacy lawsuits. In contrast, the courts have generally held that making money is distinctly less valuable to society than the right to be let alone.

      Thus, privacy issues typically arise when an image is used for purposes of trade or advertising. That is, it’s not the picture, but how it is used that determines the need for a release. For instance, an image that is printed in a newspaper, shown in an exhibition or reproduced in a book might well be immune from a privacy suit. But the commercial sale of coffee mugs or t-shirts with the same image would probably not enjoy such protection. An advertisement almost certainly would not be immune.

      Therefore, if you are on an advertising assignment, you will need to collect releases from every person in your shots. News assignments are a little trickier. You are always better off if you have permission to photograph your subjects and can prove it. But it’s not always possible to get permission and, in the U.S., you can report the news without it. Lacking a release, however, you are limited in how you can license the image later on.

      These days, even editorial clients are requiring releases — and releases using their specific forms — with more and more frequency, so you need to check the terms of your agreements with your clients and stock houses to see what is required.
  • I think it's always wise to get a general model release
    giving you permission to use their photographs. Especially
    if they are going to "sell them." I would get them to give you
    permission to sell photographs of them with the caveat that
    it may or may not actually happen.

    My understanding is anytime you photograph a person and
    post or put their likeness anywhere, and they're not part of
    a public performance of some kind, then you need permission.
    • if you are going to sell any image that has any identifiable portion of a person for commercial resale you must definitely have a release. Without release you being the photographer will be held liable in the incident of a law suit.

      Go to the ASMP website and find out more. If you are using the images strictly for editorial ie. a story about the event a release is not necessary however if the event is held on private property a property release must be obtained .

      In any case you are best to get releases to cover yourself either way .

      Byron
  • You should obtain a release. It it likely that you will need a release. Whether you are being paid or not doesn't matter. You are taking images that will be used for sale or publishing. Images in an online portfolio are considered to be published. Be careful of the music that you add to it as well. If the music is copyrighted, well.... You might look for either canned or copyright free music to use.

    This is a very litigious society. If you are not worried about the copyright of the photos but would rather the club accept the responsibility for the usage of the images and releases / lack of, have them pay you $1.00. This way, the work you do becomes work for hire. The club gets actual rights to the shots as well as liabilities.

    UCPhotog
  • For newsworthy purposes, you would not need a release.
    The release really pertains to who publishes the photos as far as any kind of liability, so the
    Non-profit would be the publisher in this case, so that responsibility would fall to them.
    However, it is always easier to get something like that done as the pictures are being taken, thus by the photographer.
    If you are taking pictures of the entrants cars, it might be something the show can send out to all of them, making your life easier.
    If not, you might have to walk around with a clipboard and releases.

    In general, if you are taking picture of anyone for your own purposes, it's a good idea to get a release if possible.
    If a client is paying you to take their pictures (portrait), you wouldn't do so normally.

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