How to take photos and never need a model release

Nature Photography

Become a nature photographer and you can publish your work. As long as you don’t photograph people or private property you can take pictures and publish them without any problems.

I guess this is why so many people like photographing our national parks. If you however, photograph someone’s property then you cannot publish this without his or her written consent in the form of a property release.

If you photograph a private ranch for instance with a barn on it, that property owner can come after you for publishing photos of their property.

News Photography

Become a news photographer and not only get your work published you can also get a byline. The First Amendment protects your right to take photos and publish them.

The First Amendment contradicts people’s right to privacy if you are in a public space for news reporting and social, political and economic commentary. Basically as long as the photographer is standing in a public space then anything they can see from that spot is legally protected to photograph for news reporting purposes.

This is how the paparazzi get photos of celebrities and not break the law. If they are on a mountain road overlooking a celebrities backyard and they shoot with a long lens it is OK to do.  Same with being in a helicopter since the airspace is legal as well.

If you want to photograph people and do so without getting model releases you can work for one of these news outlets because you are working for the greater good of society.

The greater good is really more about taking photos of things we need to know to make our communities safer or we need to know about to protect our rights from those who are trying to take those away. So photos of traffic accidents help the community put up traffic lights at intersections which reporting has shown to be dangerous.

Photographs showing companies’ polluting our streams or illegal dumping that is documented have held them accountable. Just think of the reporting of the Exxon Valdese and BP’s oilrig in the gulf that polluted our water.

You don’t publish your photos

If you never publish your photos in print or on the web, but just take them and leave them on your computer for example, then you don’t need a release. Basically you are not using them in a way that impacts the subjects or property.

How it is used is the issue

So to summarize you taking the picture isn’t the issue for needing of a property release or model release, it is how you use the photo that determines the need for a release.

One simple way to think of it if you publish a photograph for trade or commercial purposes you always need a release to protect you from a lawsuit.

When You Need A Release

Hopefully you see if you want your photos seen you most likely need a release. This is an earlier post I did that will help you always have a model/property release with you at all times.

http://blog.stanleyleary.com/2013/07/importance-of-model-release-for.html

Importance of Model Release for the photographer

Why do I need a model release?

Whoever publishes a photo is the one who needs the model release. Photographers get model releases as a general rule to help out their clients.

Having a model release increases the value of a photograph, because now it can be used in more ways than without one.

What release should I use?

Here are a few ways I recommend.

Easy Release App

For my iPad and Android phone I have an App for getting releases.  If you download an App the App store then will recommend more Apps for you based on what you have already downloaded.  I got a recommendation for the Easy Release.

You don't need an iPad for this App.  You can put it on just about any Smart Phone or Tablet as long as they are Android or an iPhone/iPad.

The App generates a PDF and a JPEG of the model release.  I love this because then I can put many of these PDFs into one larger PDF and upload this to my PhotoShelter Image Database.  The client has a copy now of the model releases along side the photos.

Easy Release

Pocket Release

I personally have been using the pocket release, which I modified from the American Society of Media Photographers.  Their legal counsel came up with forms and so many photographers have been using them through the years. Click here for a link to their website which gives you all you need to know about the model and property release.

4 - up pocket release forms

I put 4 of the pocket release forms on a page and print them one 8.5" x 11" card stock and have them cut into smaller sheets.

Which language should I use?  Click here for examples.

ASMP Releases App

Download it now

A "must have" for professional photographers working in all genres of the business, this free app allows you to take a photograph of the subject, customize the release for the specific licensed use of the images, sign the release and email a PDF version as necessary to photographer, agent, model and client.

In addition to the customizable ASMP forms, the app includes the stock photography industry standard releases produced by Getty Images, Inc.

Version 1.2 is now available for iOS (iPhone & iPad), with other platforms coming soon. To download it, go here.

As you use the app, ASMP would welcome any suggestions or bug reports you may have; let us know on this page.

Model Releases: Easing the pain on getting them

Model can read the release before signing

These are tips on how to get model releases and what I do to obtain them.

Let's start with first how you ask for a person to sign a model release.  Less is more when asking someone to sign a model release. 

I always start with the reason I am making the photos. I am here at the university helping them with their recruiting materials.  Would you mind me taking your photo?

Once they say yes then I follow up with question two. Would you mind signing a model release that gives the university permission to use your photo? 

At this point I find it best to not open the can of worms.  I let them open the can of worms if necessary.  95% of the time people will sign the model release.

For those less than 5% I usually talk about what their signature allows the university to do with the photos and what most likely could be some possible uses of the photos.  "The school will put these into their database of photos and then use them for things like their website, recruiting printed materials, posters, billboards and maybe as part of a TV ad for example." 

This is example of the model release on your device

At this point I have only had a handful of people in my career ever say no to giving permission to use their photo.

What not to do

I have been with a couple of my clients that they wanted to handle getting the model releases signed. Many use a similar technique that I outlined above, however I have had a couple who do a better job of talking people out of signing a release than talking them into signing one.

"We are here today doing a photo shoot for the school.  Stanley here is the photographer working with us to make these photos.  He does a great job of getting great images for us. We have a model release we would like you to sign. The model release gives the school the right to use the photo in anyway that we choose.  We may use it in the recruiting materials or on a billboard."

Here is where it falls apart

"You won't see your photo published just anywhere.  You will not see it somewhere else on the web.  You won't see it in some other publication not associated with the school.  By the way the teacher doesn't have to sign this we already have you sign an agreement that gives us permission to make these photos without your permission."

Model can sign with their finger

As you can see the person thought they were being helpful, but in the process of talking actually brought up all the reasons they hadn't even been thinking about.  Then they helped nail it with the fact that the institution was mistreating the professor.  Who wants to help a group like that?  I wouldn't.

Now that you know how to ask for a signature on a model release what should you use?

It affects expressions

Your asking for permission to make a photo and asking for a release can help expressions or hurt them.  Do it right and you will make everyone feel like this is their special day.  They are being treated like a movie star.

Do it the wrong way and you will have people wishing you were not there.  This is where they are this time of day all the time and why are you here?  You are bothering them and they want you to leave.

You can see this in their expressions--even if they signed the release they will not be as positive if you do it the wrong way.

What to use 

I personally have been using the pocket release, which I modified from the American Society of Media Photographers.  Their legal counsel came up with forms and so many photographers have been using them through the years. Click here for a link to their website which gives you all you need to know about the model and property release.

I put 4 of the pocket release forms on a page and print them one 8.5" x 11" card stock and have them cut into smaller sheets.

Which language should I use?  Click here for examples.

You can then send an email with it attached as a PDF and JPEG

Easy Release App

This past week I got an iPad and have been exploring all that it will do.  If you download an App the App store then will recommend more Apps for you based on what you have already downloaded.  I got a recommendation for the Easy Release.

You don't need an iPad for this App.  You can put it on just about any Smart Phone or Tablet as long as they are Android or an iPhone/iPad.

The App generates a PDF and a JPEG of the model release.  I love this because then I can put many of these PDFs into one larger PDF and upload this to my PhotoShelter Image Database.  The client has a copy now of the model releases along side the photos.

When I first started reading I was hoping for a simple release and a way for the person to sign the release only.  You can do even more.  You can now have the longer verbiage form or modify it to what you and your lawyer deem necessary.  You can take a photo with your Smart Phone or iPad and attach it to the model release.

The Easy Release model release has more information than I was gathering earlier.  I have longer form, their information typed (I can now read it), a signature and a photo of them all on one document that I can then email to them or anyone.

I do think in some situations it might be more feasible to pass out forms to a large room of folks to sign than passing around your iPad, but I do think I prefer the final model release of the Easy Release over all others I have ever used before.

So if you are hesitant about getting those releases because it is difficult to remember to carry those forms—they are now always with you on your phone or iPad.