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Legal liability question

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Corot2

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Hi

I have spoken to some about doing a book of my street photography.

I understand that I cannot use photos for commercial pursues for selling products etc without a model release.

However, can I use photos in a book with a model release?

The book will be about lifestyles of a certain group of individuals in a certain neighborhood. These will be street shots of people living their daily lives

Thanks

LC
 
Did you mean to actually ask the following:

"However, can I use photos in a book withOUT a model release?"

If your original question was can you publish an image in a book when the person has provided you with a model release, then the answer is it depends on what the model release says. You appear to be in the US, if the release gives you all rights to use the image in any manner you want, then yes. If you don't have a model release, then this would be consider commercial use. Any third party publisher is going to require model releases for person that are recognizable in the image, and will also require you to indemnify the publisher in the event the person were to pursue a claim for the publication without your right to do so.
 
Thank you Kevin

I greatly appreciate your input
 
Kevin

Does this also apply if the book is being done for a non profit organization?
 
Do you, or do you not, have model releases for all the people recognizable in the photographs?

In the USA, you can always find a lawyer to take either side of a case.

That said, if it is a real book, published by a real publisher, no releases are needed.

But if it is a promotion project of some kind for a charity or other organization, the circumstances change.

You should ask the sponsoring organization to have a lawyer look into the situation.

BAK
 
Thanks BAK

I am dropping the issue after doing further research
 
BAK said: "That said, if it is a real book, published by a real publisher, no releases are needed."

Not sure what you are basing this opinion on, but having been both an editor as well as publishing books and like materials here in the US, as well as licensing images to publishers of these types of publications, I have never once been able to proceed with those projects without a model release of any person who is recognizable in an image.
 
In the US, 'art', like a book of street photography, requires no releases for persons. Just because the project makes money for someone does not make it the type of 'commercial use' that requires a release.
 
The photos that were under discussion, before the project was dropped: >>These will be street shots of people living their daily lives<<

There's no harm in getting releases, of course, although I'm not quite sure how you do this when shooting candid pictures of strangers on the street without intruding into "the moment" and altering the dynamic.

BAK
 
If you need legal advice, ask a lawyer with experience in that area, not a bunch of photographers. If not in your immediate local area your state likely as a "volunteers lawyers for the arts" association. If you can't find it on your own, ask your state bar for help finding it. Lots of attornies volunteer their time for these types of organizations.
 
BAK said:
The photos that were under discussion, before the project was dropped: >>These will be street shots of people living their daily lives<<

There's no harm in getting releases, of course, although I'm not quite sure how you do this when shooting candid pictures of strangers on the street without intruding into "the moment" and altering the dynamic.

BAK
Click to expand...
Also note that many photojournalists have published books of documentary work, and in many cases I suspect it must have been impossible to get model releases from all involved. Like newspapers, books are sold for money, and this does not make either "commercial use". Publications whose primary purpose is to educate and inform are considered editorial vehicles for photography. "Commercial use" refers to an advertising purpose, as to promote a particular brand, product or service.
 
Ellis Vener said:
If you need legal advice, ask a lawyer with experience in that area, not a bunch of photographers. If not in your immediate local area your state likely as a "volunteers lawyers for the arts" association. If you can't find it on your own, ask your state bar for help finding it. Lots of attornies volunteer their time for these types of organizations.
Click to expand...
Alternatively, consult a major photography trade association such as ASMP, APA, or others who retain lawyers and publish guidance on exactly these types of issues.
 
Kevin O'Neil said:
I have never once been able to proceed with those projects without a model release of any person who is recognizable in an image.
Click to expand...
That is because most Attorneys, and the companies they represent are Risk Averse

Q: What happens if I tell Kevin O'Neil he MUST have a model release?
A: Kevin has to do a lot more work, and throw-out some photos he really likes

Q: What happens if I let Kevin use photos without a model release?
A: We *might* get sued, and I will lose my job

Attorney: Kevin MUST get a model release
 
Amazingly bad and incorrect "advice" for the US market. It is not worth even replying to these posts.
 
In my spare time, I am. I am always amazed at the number of people who will post their "expert" opinions on matters they have no real knowledge about (not referring to your post by the way). I should have responded as you did rather than trying to help the original poster.
 
Last edited:
...>> These will be street shots of people living their daily lives<<

No reference to celebrities. As far as crime scenes go, I don't know if the daily lives of these people involves a crime scene.

BAK
 
Kevin O'Neil said:
Amazingly bad and incorrect "advice" for the US market. It is not worth even replying to these posts.
Click to expand...
Amazingly vague, non-contributory and unhelpful comment. It is not worth even replying to this post.
 
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