Photographic Model Release Forms: When You Need Them, When You Don'T

[cdnvic]

by Brenda Tharp

author of Creative Nature & Outdoor Photography

Photographic Model Release forms are a funny thing. In certain cases we need them, but in others, it's doubtful.

However, for photos that will be used in commercial applications - ads, brochures, posters, greeting cards, catalogs, postcards, kiosks, trade shows, Web sites, etc. - you will need a release from your subject in order to be "legal."

Following industry standards, for any work that will appear in consumer or trade magazines, newspapers, or educational books, you generally do not need a model release. This is also true for photographic exhibits. These are considered educational/informational uses.

Full article: http://www.betterphoto.com/article.asp?id=37

[BangkokImages]

Good article. Though, Thailand has it's own set of rules it would be interesting to see how much it differs. I've always played it safe and got releases for 100% of any possible commercial subject.. and really, how can you tell when you take a picture if you'll someday get a chance to sell it? If you're in the business of selling images error on the side of caution, if not it's probably not worth the effort. But I always get releases for 100% of glamour/nudes while in Thailand, even when I'm being paid, just because you never know the dynamics of that persons life and what they might have to do/say to explain the images. Or.. if customs or some official manages to get their hands on them god forbid.

One story about releases might be helpful to relay. I was contacted by an NGO in Cambodia who needed pictures of SEA women in rural settings to be used in an abortion phamplet.. basically they were promoting safe abortions over the alternative.

I sarted out offering 200 baht per release, I figured since I knew I was going to make money on this project (and they were picking up expenses) then the subjects should get something. The releases clearly stated the intended use and distribution area (Cambodia).

It turns out 200 baht made them suspicious and many wouldn't sign. So I lowered it to 50 baht and almost everyone signed.

Then.. my Thai assistant asked them to sign for me the next day, and they wouldn't sign for her. But when I asked they would.

It appeared there were deep seated trust issues among Thai's not present with farangs.. a turn you wouldn't expect since normally farangs are distrusted. And, the more you offer the more they think you'll use the images for undesireable purposes.

An interesting experience.

Now.. I keep a clipboard with releases and pen.. and my assistant has it with her at all times and routinely gets releases when I point out I want one. And virtually 100% gladly sign them when you're not offering money. Next time I want to beneift my subjects I'll collect addresses and mail them prints..

[Kan Win]

Now.. I keep a clipboard with releases and pen.. and my assistant has it with her at all times and routinely gets releases when I point out I want one. And virtually 100% gladly sign them when you're not offering money. Next time I want to beneift my subjects I'll collect addresses and mail them prints..

and maybe some funds as well as you are making some funds out of them?

Me, only landscape photos for sale so no need for a "Photographic Model Release Forms" then.

Win

[Photoman]

BangkokImages ... Hi , so are you saying a candid shot of a street seller , if you intend , maybe in the very distant future to sell it , I would need to walk up to them and offer them a fee . Or should I get in closer , ask if I can and maybe lose that candid moment .

Thanks

[cdnvic]

Local legalities aside, getting the release will always give you a wider variety of choices with regard to marketing the picture. In most jurisdictions a person in public, unposed is fair game, with the exception of using them in an advertisement. If you get a release however, you can remove that restriction.

[jcw]

Interesting subject, does anyone have a release that is duel lingo for Thailand for models and property they are willing to share?