Horse release for artwork

<p>Hi,<br>

I 'shoot' primarily horses, shows, farms, etc. I have everyone that will sign a release form, for portfolio use. If I wanted to turn some photos into art, to sell, is this covered by my release, do I need special permission, or is this a complete No No?<br>

Below is a portion of my release that I have signed, I found this release of another photographer's and adopted it as my own, with some changes. But this is the paragraph regarding model release. Does this cover me for selling art creations, or do I need something more?<br>

 

<p> " I hereby grant Hannah Givas and Pix'All Photography, the irrevocable and unrestricted right to use and publish photographs of me, or in which I maybe included, along with any photographs taken during this photography session, for editorial trade, advertising, and any other purpose and in any manner and in any medium; and to alter the same without restriction. I release the photographer and her legal representatives and assigns from all claims of liability relating to said photographs."</p>

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<p>Are you talking about a release so that the <em>people</em> in the images can be part of potential commercial use of their likenesses ... or are you asking if you'll need a <em>property</em> release because potentially commercial images (like those sold to stock agencies or in ads) contain images of their property, including the horses? Some facility owners may indeed want input on whether their stables, rings, tracks, trucks, logos, etc., show up in third parties' advertisements. <br /><br />When you say "turn some photogs into art," are you talking about simply selling prints <em>as</em> fine art, or are you talking about substantial manipulation, or producing paintings based on the images, etc? Need a little more to go on, here. Regardless, you don't generally need a release for fine art or editorial use - but you'll probably want to get some actual legal advice if this is a real part of your regular situation.</p>

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<p>I found this release of another photographer's and adopted it as my own, with some changes. But this is the paragraph regarding model release.</p>

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<p>What else is being released?</p>

<p>It's not a regular practice, but I took a couple of horse photos that I took and did some photoshop enhancements so that they look like art rather than photograph, and had a couple private individuals want to purchase them. They were of a horse only, no farm names, etc involved, just the horse. I also had someone want to purchase enlargements of some photographs of horses to hang as decoration in their home. I just wanted to know what the correct thing to doas far as releases/permission goes.<br>

As far as the release form, nothing else is being release, just didn't copy and paste entire form to save space. Actually on second thought it also releases me from any liability at property, but the question is just about the permission touse photos. :)</p>

<p>Your sample contract quoted is a "Model Release."<br>

People are "models"; animals are "property" if owned by someone.</p>

 

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<p>If I wanted to turn some photos into art, to sell</p>

 

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<p>Sell to (who) and for what (use)?</p>

<p>If the pics are for personal use; I see no problem.<br>

If you sell a (few), I see no problem.</p>

<p>Now, if you sell 5,000 of these images as art, that is a "horse of another color" ;)</p>

<p>Play it safe, get a property release from the owners of the horses.</p>

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<p>I think this actually falls under the right to privacy area, which extends to people, not animals. If the photo is of a horse, or dog or something where the owner is not identified in any way then there should be no problem. I believe the same would be true for something like a car, however if the license plate were visible or say the barn of the horse's owner then there'd be an issue.</p>

<p>Of course, it still wouldn't hurt to get a property release either way. But by having them sign a model release, all that does is give you permission to use any pictures you take of them, the people. It has nothing to do with the horses.</p>