BrettOssman Loc: near Tampa, Florida

Would model and property releases apply if I sell a photo to a magazine (as opposed to going through stock). How about if I gave them the photo, say to increase my exposure? Looking for concrete, legal answers please.

Thanks in advance.

lightcatcher Loc: Farmington, NM (4 corners)

Yes and Yes.

SharpShooter Loc: NorCal

Brett, any publication agency that would need releases will DEFINATELY let you know what you will need to have. Just as a stock agency would do. It would be virtually impossible to slip something past an outfit that needs one. They are more worried about lawsuits than you are. Though you would be named in a suite as well as them, it is they that pays out when you are sued!
Most editorial doesn't require them though. ;-)
SS

OldEarl Loc: Northeast Kansas

Like all industries publication is lawyered up with anal retentives. A picture of Long's peak would probably not require a property release but a picture of the house across the street from you would. Each publication has guidelines and may share them with you.

An exception is a news event. My pictures of Nelson Rockefeller were taken at a rally and I was stringing. But private family pictures would require a release.

DaveHam Loc: Reading UK

Where a model release is required it applies to all circumstances regardless of whether the sale is via stock or direct to the publication. Most publications now are very strict on this; it is they who are responsible for making sure this happens.

rmalarz Loc: Tempe, Arizona

To be completely safe, yes, a release is best.
--Bob

Gene51 Loc: Yonkers, NY, now in LSD (LowerSlowerDelaware)

You are in the wrong forum. Concrete legal answers can only be obtained from licensed lawyers. I suggest you contact an attorney experienced in intellectual property and privacy rights - in other words - a lawyer experienced in matters that affect photographers.

Jim Peters Loc: Pittsburgh

I Never Want To Give Someone Legal Advice. None Of Us Are Attorneys.However From Experience Always Get Releases.
If You Join The PPofA You Can Get A Certain Amount Of Free Legal Advice Copyright Etc.

jimmya Loc: Phoenix

Your model will have to give permission as well. You should get that in writing and witnessed. But I wouldn't give them away if the magazine is after you. On the other hand if you're after them then by all means.

BrettOssman Loc: near Tampa, Florida

Looks pretty much unanimous to me. Thanks again.
I'm out.

amfoto1 Loc: San Jose, Calif. USA

I ain't no lawyer, but YES and YES.... However, I gotta add most of the time, probably not for the reasons you think, and most of the unanimous responses are largely incorrect..

It's technically not necessary to have a model or property release for EDITORIAL usage, such as a magazine might be doing with an image. Nor is a release required for EDUCATIONAL usage, not for limited edition FINE ART. Those uses are protected, up to a point.

Technically a release is most necessary for COMMERCIAL and ADVERTISING uses. Required? No, not really. Thee are no laws saying you have to get a release. But YES it's extremely important to get a release, in order to protect yourself and your customer who is using your image!

However, many magazines and other publications are now asking for releases even for editorial usage, too, simply to cover their butts. A released image is "safer" for them to use. You and they are less likely to get sued over using a released image. Even if you win a lawsuit, you can go broke defending yourself.

So a signed release is simply a nice, snuggly additional layer of protection... Making it less likely that someone might sue over publication of an image of themselves or their property. Hence, a released image is worth more than one that isn't released.

It makes almost no difference whether you are selling them usage rights to the image or if you (foolishly) give your work away "just for the exposure". Doesn't matter the avenue used to sell the image either: direct, via your own website as stock, or via a stock agency or a picture agent.

The only difference... If you got paid, in a lawsuit that you lose, the judge or jury might tell you to to surrender your earnings from the sale, in addition to damages and punitives awards against you. If you gave the image away, there wouldn't be any earnings to take away from you.

rbfanman

Get a model release every time. It will cover you under nearly every circumstance. Not having one can cause lots of trouble.

rpavich Loc: West Virginia

Then contact a lawyer who specializes in this sort of thing.

mcveed Loc: Kelowna, British Columbia (between trips)

The publications will simply not take pictures that they, or their legal staffs, consider need a release unless you provide one. And that isn't legal advice, that's just the way it is. The publication is liable and they will make sure they are covered by insisting you provide a release.