releases and photonet postings

[rascal64]

Because I have never had a problem with models signing releases, I

have never strictly enforced the "Sign first, shoot later" rule. There

is a first time for everything. I recently had a model refuse to sign

the release AFTER the images were shot. I have learned my lesson as

far as demanding a signature first, but for now, here's the question:

 

Because I am not soliciting my services on photonet, and the images

are not nudes and the model is not a minor, can I post them on

photonet? Or are all the images from the shoot completely unusable?

 

Thanks for any input

[mikael_karlsson]

Tiffany:

 

The images can be used editorially, the insides of newspapers, magazines and books, with no release at all. So images with no release are far from unusable.

[mfeetham]

I'm sure that many people could easily come up with a scenario for posting your shots online as "editorial" or "educational" that would fall into the legal use category.

 

Unfortunately, the "some people on a web site said it was ok" defense rarely holds up in court. To be absolutely sure, you need to consult a lawyer in your country/state/province/kingdom/planet.

[dave_nelson___atlanta__ga]

And don't forget that you can be sued at any time for anything, even if there was a signed release. Having a release just makes it much easier for you to win.

[steve_b3]

Actually it makes it easier for your lawyer to win. You still lose as you have to pay them and lose time from work.

[mfeetham]

By chance, I happened across a post from Brian Mottershead with regards to a similar question. In his response, Brian mentions the criteria required by Photo.net for posting photographs to your personal profile. We can assume this is in addtion to any legal requirements for your particular area.

 

"Currently, the photo.net Terms of Use require both (1) that you have the right to post the photos (i.e. you own the copyright, the photos are in the public domain, or that the copyright holder has given you permission); and (2) that the photos are your work in their entirety."

[rascal64]

Mike,

Yes, I read the photonet requirements for postings...there is no mention of a release, just a copyright. And we all know, that when it is created, it is copyrighted. I think that it is a separate issue from a signed model's release. A model's release allows me to alter it and use it for self promotion and/or sale. It's really a nit-picky area, so my logic tells me that I can post them on photonet, for critique...but, not on my website. Thoughts?

[mikael_karlsson]

Tiffany:

 

You can alter and sell a photo without a release. It's the usage of the photo that's important. I license unreleased photos all the time for use in books, magazines and newspapers. Only when the use is commercial - when the photo promotes or sells a product or service - do you "need" a release.

 

But, as some of the other posters have pointed out, a release isn't foolproof - nothing is.