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Photo Release for different situations

nickreynolds

8:20 am on Apr 8, 2008 (gmt 0)

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Had a trawl through some different threads and got useful information. Please comment on the following (they are all actual situations):
1. Sports Club want me to design a website. They provide me with photos of clearly identifiable individuals some are minors. The photos will only be used on their website. Model release required? Is it they or I who have to get the model release? If them do i have to have a copy? can they have a blanket term in their membership application form saying photos may be used?
2. Same as above, but I take the photos
3. I do a website for a business (a law firm actually!) They have pictures of their staff and a biog. They provide the pictures. Model release form required?
4. Church website. Pictures where the people have willingly allowed themselves to be photo'd and know it is for the website. (eg posing whilst doing a sponsored car wash. They are "members" of the church (althouh there is no membership form as such).
5. Driving School website. Pupil has passed test and is posing for a picture taken by the instructor tearing up her lplates.
6. Church youth leader uploads pictures from a youth event on to Flickr, Facebook etc. Adults and minors in the pics

Which of the above need model releases? Also should their be a specific copyright clause on the websites relating to copying photos from the website? I'm assuming these are not "crowd shots"

Syzygy

9:28 am on Apr 8, 2008 (gmt 0)

WebmasterWorld Senior Member

10+ Year Member

Unless there are explicit statements about the taking and use of photographs - and specifically the involvement of people in them - already outlined by the organisations then I would consider that in all instances above permission would be required from those featuring in the images.

Should you or they seek permission? Well, that's not really a legal scenario but one of negotiation! Having said that, as a third or external party I would not want nor expect to be burdened with such responsibilities.

Usual disclaimer applies - This is merely my understanding and I could be completely mistaken. I am not qualified to give anything resembling legal advice. Seek it from someone who is...

Syzygy

zett

9:49 am on Apr 14, 2008 (gmt 0)

WebmasterWorld Senior Member

10+ Year Member

When designing the web site, I'd recommend some language in the contract/purchase order that clearly indicates that the customer (i.e. those who want the website designed) is responsible for getting all necessary model releases. After all, you are the designer, not the publisher/owner of the content.

When photographing for a customer, I'd recommend to get model releases for every identifiable person on the photo -or- to make clear to the customer prior to the job that it's THEIR responsibility to obtain the model releases, and that they are not entitled to use the photos unless they obtain the respective model releases. As you are on location during the photoshoot, working with the people, it definitely makes sense to have the models sign the release, unless there is a dedicated person from the customer on location as well. Then I'd have THEM do the legal stuff.

BTW, all of the scenarios you describe would require a model release if you intend to use the images. At least if you want to be on the safe side. The last scenario (church leader publishes to social networking sites) is certainly gray area, but again, I'd recommend to always stay on the safe side.