Edwin Barkdoll Posted July 19, 2015 Share Posted July 19, 2015 <p>I am not familiar with model release legality; since I rarely take photos of people except family I've never thought I had the need for a model release.</p> <p>I recently came across negatives I took between 1974 and 1976 of several teenagers or younger, i.e. 10-13 years old. I was about 16 years old myself and had never heard of a model release.</p> <p>Without a model release, particularly for children, can any commercial use be made of these 40+ year old photographs?<br> Thanks</p> Test Link to comment Share on other sites More sharing options...
craig_gillette Posted July 19, 2015 Share Posted July 19, 2015 <p>If you mean commercial in the sense that one usually uses it when discussing the need for model releases, then probably not. But that's a general answer to a general question. It all really depends on the specifcs of the images, the intended uses and the laws that might apply.</p> Link to comment Share on other sites More sharing options...
ellis_vener_photography Posted July 20, 2015 Share Posted July 20, 2015 By commercial, do you mean licensed for use in advertising and marketing materials, other than advertising or marketing your own photographic services? Link to comment Share on other sites More sharing options...
danmarchant Posted July 20, 2015 Share Posted July 20, 2015 <p>1. It depends what country/state you are in. Laws are different in different parts of the world.<br> 2. It depends what you mean by commercial use. Many people use the term to mean "earn money" but the law defines commercial use in a much stricter manner as "use to advertise, promote or market a cause, product, company or service". Selling prints for example is not commercial use.</p> Link to comment Share on other sites More sharing options...
david_henderson Posted July 20, 2015 Share Posted July 20, 2015 <p>Do you have any reason to believe that there is a commercial market for these photographs, beyond displaying in a gallery or use in a book? If not, there may not be a clear-cut answer .</p> Link to comment Share on other sites More sharing options...
Edwin Barkdoll Posted July 20, 2015 Author Share Posted July 20, 2015 Thanks for the the helpful responses. I would like to submit them to a magazine for publication. They could then be used in their magazine and/or website. I'm not sure if that constitutes "commercial" use. I guess the best thing would be for me to query the magazine. Test Link to comment Share on other sites More sharing options...
david_henderson Posted July 20, 2015 Share Posted July 20, 2015 <p>Given that its the publisher of an image that carries the risk ( unless you agree to indemnify them) then if the magazine will accept them without a release then that's a good situation for you. Its unlikely in any case that a release would be necessary if the purpose is editorial in nature. That said getting a release would clearly be difficult to impossible and it would be best to avoid the complexities of whether and how.</p> Link to comment Share on other sites More sharing options...
craig_shearman1 Posted July 20, 2015 Share Posted July 20, 2015 <p>Except for advertising, most use of photos in a magazine is editorial -- photos that illustrate a story or occasionally stand by themselves. That is not commercial use.<br /><br />What is the context here? What story would these photos go with? Why does the magazine want photos from 40 years ago and why these specific photos?<br /><br />You say you want to "submit them to a magazine for publication." Has a magazine approached you? Have you established that the magazine is interested? Simply sending in random pictures in the hope that someonne might want to publish them isn't the way it's done. Photos are usually purchased to accompany a story, and a photographer has to know about the story and the magazine's specific needs in order to know what to offer.</p> Link to comment Share on other sites More sharing options...
Edwin Barkdoll Posted July 20, 2015 Author Share Posted July 20, 2015 <p>Craig, I've published in this magazine before without being approached - i.e. by sending in "random" pictures. If it works I'm happy, if not nothing lost. However that is not really relevant to my original question.</p> Test Link to comment Share on other sites More sharing options...
Uhooru Posted July 20, 2015 Share Posted July 20, 2015 <p>Well actually what Craig wrote is very relevant to your original question. Its easy to get confused by the terms "commercial use". So you need to say what kind of use is being contemplated. Editorial as Craig discussed can be paid work and the photos sold to a magazine, or the magazine can be bought and sold and the photographs not be considered a "commercial use" for which a release is needed.</p> Link to comment Share on other sites More sharing options...
craig_shearman1 Posted July 21, 2015 Share Posted July 21, 2015 <p>Edwin, if you got published that way, congratulations. Clearly there are some exceptions to what I said. Whichever way you get into print, unless it's advertising, most magazine use is going to fall under editorial, and no release is needed for editorial. If the magazine wants to use the photos in a way that needs a release, they will ask you for one. So go ahead and send the photos and see what happens.</p> Link to comment Share on other sites More sharing options...
Edwin Barkdoll Posted July 21, 2015 Author Share Posted July 21, 2015 <p>Again, thanks for the comments. I'll see what happens.</p> Test Link to comment Share on other sites More sharing options...
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