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freelancer
25-10-2013, 1:20pm
Havant covered this for quite a while but I used to supply local papers and tourism with pic's. Ive just been asked by a stock library if I wanted to supply them with images, some of which are surfers who I dont have any model release from. In the past Ive got-ton model release which has been a pain in the rear, firstly I got permission from a young guy 16 yrs old, then his parents wanted money, then the surfboard manufacturer wanted money. The shot was only for tourism who were willing to pay $50. Such events as rodeo's and riders etc used to be ok to use the images but things seem to of changed now everyone talks legal action if you get your camera out.

I still shoot a little for local tourism and use only my family in the shots, anyone else doing events etc, as Im slowly getting back into photography.
Jon

geoffsta
25-10-2013, 8:11pm
Can't wait to see some of the answers to this. Like when is a candid, not a candid. And can a candid be used for commercial use?

Redgum
25-10-2013, 8:36pm
Still nothing wrong with a public space (you need to understand the private restrictions). People are fine as long as (1) you have permission or (2) they are not prominent (featured). Surfboards are okay too as long as they're not branded. Caveat: If it's commercial and you're earning money, expect to pay. What should your fee be? Cost + profit. Can't afford the cost? Don't sell the photo.
I'm a commercial photographer and I pay all the fees (whatever they may be) to earn an income. Why should there be any exclusions?

freelancer
27-10-2013, 9:05pm
I would see a lone surfer as prominent so would need permission then. See in your bio you mention National Geo, Ive worked alongside one of their photographers who didn't get written permission from all the prominent people in his shots. Would these just be holiday snaps for him as he seemed to be planning on using them. I suppose it comes down to the interpretation of prominent.
Jon

Redgum
27-10-2013, 10:16pm
Ultimately, the legality of a photograph has more to do with the publisher. I've worked with NG since 1988 (television and print) and they like a hundred or so other contractors who purchase work on a large scale have specific regulations for documentation and presentation. If you don't meet those as a commercial photographer you don't get paid. Many small publishers have similar rules. I imagine distributors would use similar guidelines for regular professionals. What is more important to the contractee is an understanding of those rules because ultimately the publisher is buying the copyright or already owns it and is responsible for all legal issues.
One of the more interesting projects I had several years ago was photographing lovers on a Noosa beach at sunrise and I just didn't have the heart to go and get talent release forms signed. The pictures were published (discreetly) in a women's magazine as support for a feature.