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Oct 8, 2017 05:09:36   #
Gene51 Loc: Yonkers, NY, now in LSD (LowerSlowerDelaware)
 
amfoto1 wrote:
Unfortunately, that's risky. It may or may not hold up in court. Someone could say they didn't see it and weren't expecting to be photographed while dining in a restaurant or didn't think it applied to them or that they don't read English. Depending upon which side of the bed the judge got out of that morning, he or she may or may not side with the complainant.

Individually signed releases from all recognizable persons who will be in the images are MUCH less risky.

The point of a release is to discourage lawsuits. Because even a frivolous lawsuit that you ultimately win can be very expensive.

I shoot sporting events and simply won't display the images of a person anywhere publicly (such as online), unless a release has been signed. I know photographers who won't even take a shot until a release has been signed.
Unfortunately, that's risky. It may or may not hol... (show quote)


The "consideration" which was a free drink, appetizer or dessert, along with clearly visible signage and the staff making sure everyone was aware of the shoot and promotional intent of the images does weaken any claim. Regardless, you are correct, in a perfect world, model releases are the best solution. But it is not my responsibility to get them. That is on the client.

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Oct 8, 2017 07:55:46   #
Gene51 Loc: Yonkers, NY, now in LSD (LowerSlowerDelaware)
 
amfoto1 wrote:
Unfortunately, that's risky. It may or may not hold up in court. Someone could say they didn't see it and weren't expecting to be photographed while dining in a restaurant or didn't think it applied to them or that they don't read English. Depending upon which side of the bed the judge got out of that morning, he or she may or may not side with the complainant.

Individually signed releases from all recognizable persons who will be in the images are MUCH less risky.

The point of a release is to discourage lawsuits. Because even a frivolous lawsuit that you ultimately win can be very expensive.

I shoot sporting events and simply won't display the images of a person anywhere publicly (such as online), unless a release has been signed. I know photographers who won't even take a shot until a release has been signed.
Unfortunately, that's risky. It may or may not hol... (show quote)


The ASMP guidelines do not include the specific case of shooting where a privately owned venue intersects with the public, which is slightly different. In a perfect world, the owner would be advised to hire models (and get releases) to be more or less safe from any litigation.

Also, here is are legal blogs, which are far better than a photography forum for getting better informed opinions on this:

http://morinentlaw.com/got-consent-legal-issues-film-pt-4-production/

https://www.rocketlawyer.com/blog/ask-a-lawyer-filming-in-a-public-space-97747

And this from a company that specializes in event recording:

http://eventlion.co/event-photos-whats-legal/

The best advice I can give the OP is to consult with a lawyer and ignore me or anyone else's advice. The lawyer can defend a lawsuit, none of us will.

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Oct 8, 2017 09:18:46   #
Notorious T.O.D. Loc: Harrisburg, North Carolina
 
I am not a Lawyer but I call BS on a lot of this release stuff. At the races cars, drivers and even spectators get their photos taken and published in magazines for profit and for promotional flyers and I have never seen any photographer ask anyone to sign a release. Many of these photographers make their living or part of their living from shooting these events. So, I would think they know what is required.

If someone shoved a release in my face when I was out and about I would probably tell them to get lost. Maybe I am missing something, but based on experience I think this release issue gets blown way out of proportion.

Best,
Todd Ferguson

boberic wrote:
If the photo will be used for commercial purposes you will need a release form. Google photo release form and print out a bunch of them. Be sure to keep signed copies

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Oct 8, 2017 12:41:32   #
Gene51 Loc: Yonkers, NY, now in LSD (LowerSlowerDelaware)
 
Notorious T.O.D. wrote:
I am not a Lawyer but I call BS on a lot of this release stuff. At the races cars, drivers and even spectators get their photos taken and published in magazines for profit and for promotional flyers and I have never seen any photographer ask anyone to sign a release. Many of these photographers make their living or part of their living from shooting these events. So, I would think they know what is required.

If someone shoved a release in my face when I was out and about I would probably tell them to get lost. Maybe I am missing something, but based on experience I think this release issue gets blown way out of proportion.

Best,
Todd Ferguson
I am not a Lawyer but I call BS on a lot of this r... (show quote)


The back of the admission ticket often has language to the effect that you surrender any right to privacy, and in purchasing the ticket you agree. This is fairly commonplace.

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Oct 8, 2017 12:58:08   #
Notorious T.O.D. Loc: Harrisburg, North Carolina
 
Gene51 wrote:
The back of the admission ticket often has language to the effect that you surrender any right to privacy, and in purchasing the ticket you agree. This is fairly commonplace.


Gene, I could see that being used. But many drag racing events I attend use wrist bands and not tickets...

Best,
Todd Ferguson

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