Model Release Required?

Just wondering, and I'd really like to know what opinion UK and Irish

photographers have regarding when to definitely get a model release. For what

it's worth I'm just a part time photographer.

I'm in a situation where I believed I had the consent of people to take

pictures, on behalf of a Musical Society, and some are complaining about my

use of the photographs on my website. http://www.iancollinsphoto.com

Perhaps I'm naive, as I'm not really charging the society anything near a

standard fee (I'm a member and a fan, I just charge a token fee), and the

pictures have been used in a local newspaper.

So,

1) Is it true that I own all copyright?

2) Is putting them in a gallery on my wesbite something that could be

considered to require a model release? Can it be construed as advertising? To

be completely safe should I remove these?

3)Is it the case that reproduction of the pictures in newspapers and on any

webistes is by MY permission. Because the society is voluntary, I haven't

looked for publication fees or anything.

Up to now, I had believed that copyright and legal issues wouldn't arise! If

they do the hassle involved will mean I won't do it again.

-Ian

I cant speak for the UK and Ireland but if it is similar to the U.S. rules thae fact that you own a copyright and that the images were published before is totally irrelevent. Permission to take the picture is likewise. The issue is publication, not capturing the iamge. The likely result is whether you were given permission to publish them or have a legal basis to do so similar as in the U.S. such as for editorial purposes.

You should consult with a legal professional in your area for this answer unless you wish to rely on the frequently wrong assumptions made by people who answer these questions online.

Stratford UK

As John said getting some professional advice is a good idea. The British Professional Photographers Association will guide you there.

However the copyright depends entirely on the circumstances in which the images were captured. If you were paid (and it doesn't matter how much) then you entered into a contract. If there was no written contract as I use for weddings etc where I make it clear that I have sole rights and will use the images for marketting purposes, then it depends on people's understanding at the time.

Many people who pay a photographer expect that they own the pictures and if that was intimated then you might have a problem.

To be honest of someone complains then I'd replace them unless I was prepared to fight legally at some point which is a lot of hassle.