Photo Release and Documentary Shooting

While taking people pictures in a unique gas station/diner located on route 66

in Oklahoma the manager asked me to stop shooting unless I had a model

release. When this happens I act pleasant and stop photographing. Asking

permission is awkward and would seem to destroy spontaneity. If one was in a

large city you just move on to other opportunities. In this case I expected to

take 40 or 50 shots to get 3 images for display in one frame. Bummer as it

ruins a shooting day that was focused on a single project. What do others do

in this situation?? What are the rules concerning photo releases??

You don't need a model release to TAKE pictures, you need a release to use someone's likeness in commercial pursuits. But all of that is completely academic if you're shooting on private property and have been asked to stop.

If you're not planning to use the images for commercial purposes (stock, advertising, etc.) then you don't need model releases. However you didn't necessary have to let the manager "ruin a shooting day." If you're doing this as a personal project, what's stopping you from explaining this to either him/her and/or the diner owner, maybe offer to take some pictures for use on their walls/menu/whatever, in exchange for allowing you to do your work?

You don't need a release (model or property) to take photos. You don't need a release if they are used for editorial and some "fine art" uses. Yo udo need a release if the photos are to be used for commercial or advertising purposes.

 

Since you were in a privately owned place of business you need to abide by the rules of that establishment. to me it sounds like he was telling you to stop in an indirect manner.

Thanks for your response. I had no commercial plans for the pictures. Just doing a personal project.

 

I am uncomfortable being forward in this situation and people are uncomfortable with a stranger taking their picture. This seems to be a dilemma. The previous week when the diner was busy I photographed with no problems. With the large festive crowd and being on the move I was less obvious. This time the crowd was light, older and I set up in one spot. Makes you think of what Henri Cartier-Bresson said about taking pictures.

 

"Think about the photo before and after, never during. The secret is to take your time. The subject must forget about you."

 

"Anonymity is essential in overcoming the formal and unnatural behavior of those who were aware of being photographed."

 

I agree It helps to hang around the staff; let them know you and offer pictures. I did that one other time and had no problems. Of course I don't think you can influence a manager if a customer indicates they are uncomfortable.

I'm glad you stopped when asked to by the manager. Like most people, I get a lot of unsolicited mail, junk email, telephone solicitations, people coming to my door asking for contributions, and in stores I'm aware of being video monitored. There are a lot of intrusions into privacy that make up our daily life. When I go out to dinner, I think I would find it an intrusion to be photographed by a stranger for his pleasure, art, etc. Thanks for stopping when asked to.

<p><em>What do others do in this situation?? What are the rules concerning photo releases?</em></p>

 

<p>Sounds like the manager was confusing a model release with a property release. But in fact both are wrong; what you really needed was a permit to take photographs from the property owner. If you get noticed and asked to stop then you should always stop if you're on private property. But when you're on public property it's up to you to decide, factoring in the situtation and sensibilities of the people involved.</p>

 

<p>But the simplest and best advice is don't get noticed in the first place.</p>