Replies to This Discussion

Permalink Reply by Victor H. Schlosser on November 10, 2010 at 11:50am

You don't need a release since you wont be using any of these photos. The photos you are shooting are ONLY for the people you are shooting. Since you will not be using the photos in your portfolio or on your websites there is no 'commercial' aspect to the images so they do not require a release. This would cover the video also.

According to Wikipedia: "The act of taking a photo of someone in a public setting without a model release, or of viewing or non-commercially showing such a photo in private, generally does not create legal exposure, at least in the United States. ... In short, photo journalists never need to obtain model releases for images they shoot for (or sell to) news or qualified editorial publications."

Since these images will only be used to make prints for the subjects and the documentary footage is just that - documentary footage - and wont be commercially published you are fine.

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Permalink Reply by BSC_Photo on November 16, 2010 at 8:58pm

Victor, this does not answer the question posed.. he asked about releases regarding documenting the event, not the portraits being taken..

Technically you should have a release signed by each person that attends, including people who are working. However, in most states you can just get by with a sign posted at every entrance that you will be filming for a documentary. Then all you do is have people sign a release if they are the main focus of a scene such as an interview. If you interview a cancer survivor about her shoot you really should have a release from that person.

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Permalink Reply by Katherine Payne on November 10, 2010 at 12:54pm

Just to add to Victor's comments: On one of the chats, this was also discussed and it was recommended that you post signs at your site that indicate, photographs and/or video is being captured so everyone knows they might be on film/video.

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Permalink Reply by Armand Hekimian on November 17, 2010 at 12:35am

Hi,

Here:

http://help-portrait.com/2010/11/why-we-dont-share-event-photos-with-one-exception/

HELP-PORTRAIT mentions that if we have to, we could use their model release but it seems to me the release they are talking about is for the photographers (free license for HP on our work, which makes sense). But I see no release form for the people being photographed (I have one, so I am OK).

Did I miss something?

Thanks
Armand

//////////////////////////////////////
From the link above:

With that in mind, if the subject is absolutely okay and in favor of their photo being shared, ask them to sign a model release form (a sample is available on our downloads page). Cover your bases. Then, by all means, share it appropriately.


FYI: I understand we do not need a release model for editorial use but the organization we are working for prefers to cover their base.

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Permalink Reply by Kyle Chowning on November 17, 2010 at 2:07am

Photo release form can be downloaded here. http://help-portrait.com/docs/HPPhotoRelease.pdf

As to who and what, you all are right. Post a sign that says that you're shooting a doc. As for behind the scenes picts, you shouldn't have to do a release, but if you're uneasy, go for it.

Kyle

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Permalink Reply by Armand Hekimian on November 17, 2010 at 9:54am

Thanks Kyle

Is that document no just for us to give HP the right to use our work?

We have groups who desire however people being photographed to sign a release form. I understood you were addressing that point here above? No?

Thanks


Armand

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Permalink Reply by Laurie Crutchfield on November 17, 2010 at 1:03pm

Just to make sure I am understanding we are planning on posting signs all over the even stating a doc is being filmed and for any person that we "interview" we will have them sign a release. So that means I can post a blog post after the event with the video and images documenting the day as well as use it next year for promotion..is that correct?? just want to make sure I am covered and not doing anything wrong.

Thanks!!

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Permalink Reply by BSC_Photo on November 17, 2010 at 1:07pm

YES.. many people will say you don't even need a release signed if you have the signs posted, but that is not the case in all states, so it's better to be safe and get releases for those who are the main focus of the documentation.

You can post documentation, but if you want to post the actual portraits take I believe you need to get permission from the person who the picture is from to use in a blog post or other promotional material. I could imagine that not everyone wants their face plastered all over a blog or website as one of the 'in need' individuals.. Its one of those things - better safe than sorry.

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Permalink Reply by Jill Love on November 28, 2010 at 10:31am

So we've read over all these posts to try to get an understanding of what we can legally do. Does anyone have a sign they're posting announcing their creating a documentary that we can use?

Does anyone have a release they can share for individuals they are going to 'interview'? I realize we don't necessarily need one, but we think we would like one for any interviewed individuals just the same.

We plan to use the video to help us raise donations for next year, secure more volunteers, and share with help-portrait.com. Thanks.

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Permalink Reply by BSC_Photo on November 28, 2010 at 4:46pm

You need to post a sign at the door that says
"Video documentation will be filmed on these premises throughout the day. All attendees could be captured on film during this event. If you do not want to be included in the video documentation, please see the front desk."

Then what you do is when they enter they sign a paper that says that you are refusing to sign rights to use their image in your documentary and then you give them a different colored name tag.

We actually had to think about this a lot because a lot of the kids who are attending this event can not have any photo or image of them ANYWHERE because of courts and cases and since we have the news team coming and a video documentarian there, we will tell them that they can not have anyone with a bright green name tag in ANY shots (excluding shots where you can not tell who they are like the back of their heads or a foot)

By having these people sign a form that says that they refuse you are proving that those who expresses direct concern about being taped had the opportunity to come forth and you would abide. So this means that someone couldn't come to you later and say "I saw the signs but I didn't know I had a choice!"

Make sure to actually take pictures of the signs in their entry locations so you have proof that they were there.

As far as model releases - you have a bunch of photographers coming to one event - i would bet that one of them would have a model release

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