How do you ask someone to sign a release? I've never had to do this before and I would like to take a bunch of shots at a local flea market. Obviously, most will include people. Do I...

pinkycat Loc: The Garden State

I've never had to do this before and I would like to take a bunch of shots at a local flea market. Obviously, most will include people. Do I have to get a release for candid shots of people browsing that are not close up? Also, I live in Northern NJ and can be sure of one thing -- the cynicism of my neighbors. I know they will be suspicious and wonder what they are "signing away" if asked to sign a release. Suggestions, please?

sarge69 Loc: Ft Myers, FL

Excuse my, my name is xxxxxxx. I do a lot of photography for pleasure but once in a while I publish a picture. I don't know if I will publish yours but would you be good enough to sign a normal release just in case ? Because we'll probably never meet again and I'd hate for a great photo to be lost without a signature.

Sarge

donrent Loc: Punta Gorda , Fl

I wouldn't even bother to ask... The vendors are use to people taking pictures... It is totally not legally necessary... If someone objects, just walk away...

richnash46 Loc: Texas

donrent wrote:

I wouldn't even bother to ask... The vendors are use to people taking pictures... It is totally not legally necessary... If someone objects, just walk away...

I agree with donrent on this one!

Look at it like this; every day there are professional photographers taking hundreds if not thousands of pictures of people like Tom Cruise, Brad Pitt, Lady Gaga, Angelina Jolie, Jennifer Anniston, just to name a few "celebrities" without getting "signed releases!" These photographers are generally referred to as "paparazzi."

So, do you think you need signed releases for taking pix of locals at a flea market, which is a public venue?

:wink: ;)

CaptainC Loc: Colorado, south of Denver

This comes up ALL the time.

Unless the image is used for a commercial purpose, no release is needed. If you have a website from which you sell images and you use one of those images as an example of your work, it could be considered commercial.
If you sell/give the image to another entity that uses it to promote a product or service, that is commercial. A public service announcement could be considered as commercial as it implies support of the subject for that cause.
Otherwise, no issue.

And the celebrity/paparzzi issue is not relevant. Those images are editorial and NEVER need a release. If you were to take an image of Brad Pitt, use it on your website to promote your business, you darn well better have a release.

mafadecay Loc: Wales UK

CaptainC wrote:

This comes up ALL the time. br br Unless the imag... (show quote)

I better delete those Brad Pitt & Jolie pics off my website quick smart then lol

rlaugh Loc: Michigan & Florida

What if I took a picture at a resort area on a pier,and there are people out on the pier fishing,with their backs to me,but one is closer,with his head down. He certainly would know it was himself,but others could probably only recognize his long hair, and the resort wants to buy the panorama to hang, would this guy have to sign a release? Hope I'm not intruding on your post,if so just ignor!

RiverNan Loc: Eastern Pa

I always ASK...if i can take the photo....
and have only been denied a few times.....
you only need a release if you plan on selling the photo
if it is for the news paper you do not have to have a release
Just ask as nicely as you can....simple and dont take it personal if the answer is no.
I once asked this guy in NYC if I could take his pic. His face was grossly pierced all over...he said sure...for $10 bucks...I passed on that one. wonder what he would have charged to sign the release....

beverett Loc: los angeles

pinkycat wrote:

I've never had to do this before and I would like to take a bunch of shots at a local flea market. Obviously, most will include people. Do I have to get a release for candid shots of people browsing that are not close up? Also, I live in Northern NJ and can be sure of one thing -- the cynicism of my neighbors. I know they will be suspicious and wonder what they are "signing away" if asked to sign a release. Suggestions, please?

It depends on what you intend to do with the pictures. If they are to be used in advertising, you need a release. In most other cases no release is necessary. You can display them on a web site (as long as the display does not promote a product or idea), sell prints as art or publish them as news or art.

TomballLegend Loc: Tomball, Texas

beverett wrote:

quote=pinkycat I've never had to do this before a... (show quote)

Gradiated from the Larry the Cable Guy school of the obvious. "Hey you, I just took yer picture, no you didn't break my camera and any way that bag over your head will allow you to stay, safe in witness protection. But just for the hell of it, sign this! Thanks

jimberton Loc: Michigan's Upper Peninsula

PIXChuck wrote:

quote=beverett quote=pinkycat I've never had to ... (show quote)

hahahahaha....git er dun!!!

allen finley photography Loc: Sunshine State.

pinkycat wrote:

I've never had to do this before and I would like to take a bunch of shots at a local flea market. Obviously, most will include people. Do I have to get a release for candid shots of people browsing that are not close up? Also, I live in Northern NJ and can be sure of one thing -- the cynicism of my neighbors. I know they will be suspicious and wonder what they are "signing away" if asked to sign a release. Suggestions, please?

Always get a signed release form if you plan to publish or sell a photo. As to all of the individuals out there that think otherwise, do as you wish. BTW here is a copy of Lady Gagas photo release. Most releases by the stars are very short termed and for a precise use. http://www.petapixel.com/2012/02/01/this-is-lady-gagas-photo-release-form/

beverett Loc: los angeles

allen finley photography wrote:

quote=pinkycat I've never had to do this before a... (show quote)

You don't need releases for news or art. Do you think newspaper photographers or television videographers take time or even have time to ask for releases? Of course not. And newspapers and the like do not have special privileges, as someone on this forum suggested several weeks ago. Anyone in the U.S. can be a publisher--no license or other permission required.

You can sell your pictures to a news publisher or print them and sell them at an art show or publish them yourself in a book--all without any kind of release (unless you hold your subject up to ridicule).

You need a release only if the photograph will be used to advertise and product or promote an idea. If someone you sell a photograph to uses the photograph in such advertising, they--not you--are responsible and may be asked to compensate the subject.

Photographs that do not need releases are "editorial" as opposed to "commercial." It appears that few followers of this forum offer their photographs for "commercial" use.

mgemstone Loc: Chicago/Cocoa beach/La/NY

beverett wrote:

quote=allen finley photography quote=pinkycat I'... (show quote)

I had a totally different opinion until I was corrected in another discussion which caused me to investigate. In photography, the word "commercial" is used as it related to advertising and not the selling of an image. State laws differ and in Illinois we have a more liberal laws favoring photographers rather than other states. Of course, no matter what the laws are, you can still get punched or arrested. You do not normally need a release when using the images for purposes other than advertising.

beverett Loc: los angeles

mgemstone wrote:

beverett wrote:

quote=allen finley photography quote=pinkycat I'... (show quote)

I had a totally different opinion until I was corrected in another discussion which caused me to investigate. In photography, the word "commercial" is used as it related to advertising and not the selling of an image. State laws differ and in Illinois we have a more liberal laws favoring photographers rather than other states. Of course, no matter what the laws are, you can still get punched or arrested. You do not normally need a release when using the images for purposes other than advertising.

quote=beverett quote=allen finley photography q... (show quote)

Quite right. But I don't think any state imposes rules on releases. It's always nice to ask when you put a camera in someone's face. No big deal if it's at a distance or in a crowd.