petr_sejkora Posted September 10, 2010 Share Posted September 10, 2010 <p>I visited a Istockphoto website today and found this : MODEL RELEASE 1. All images containing recognizable people require a model release. There are no exceptions. Look at the image and ask yourself ‘Could any of the people depicted recognize themselves in this picture?’ If so, you will need a model release. Sometimes the context of an image is enough to make a person recognizable, even if their face isn't visible.............So basicly if i understand this thing all i can submit is the pictures of : Trees,Landscapes,Bugs(macro),and all the NON HUMAN stuff and maybe a one or two people in the picture when release form is possible to get .But what about the crowds and street photography with 10 or more people included in the picture , picture of a crowd at the concert , demonstration , and all the others. What the Istock is asking me to do is this : push the shutter and stop the time with the time machine you got in your bag and get all the 500 signatures or everytime you push the shutter just scream HEYYYY , EVERYONE STOP NOW AND STAY WHERE YOU ARE I NEED A SIGNATURE. This just does not make sense and what about the documentary and war photographers do they ask people to sign a release form. Sure there is a simle answer to that . Just don't submit pictures like that. But what if you have a 1000 or 5000 pictures like that does that mean " Hey no chance for you my friend " . This question is only about stockphoto (selling through stock sites over the net) nothing else. Maybe i just buy a macro lens and get rid of all the others to be able to make money in stockphotography HAHAHA (No Way).Thank you all for help.</p> Link to comment Share on other sites More sharing options...
Hamor Photography Posted September 10, 2010 Share Posted September 10, 2010 Start by reading: * http://www.danheller.com/model-release-primer.html * http://www.danheller.com/model-release.html IANAL but basics are that you need a model release to sell or distribute the likeness of a person, identifyable pet, or copyrighted architecture for commercial gain. iStockPhoto is all about selling for commercial gain. iStockPhoto needs model releases. Show me photos for sale on iStockPhoto that contain crowd shots with hundreds of faces or identifying marks visible. You just won't find any. As far as not making sense war and documentary photography is totally different. Journalism is covered by a different set of laws and does not require model releases. Just read up on model releases and it will make sense. Edit: On a side note, there are exceptions, where an official photographer for a venue is covered by a blanket contract where the purchased tickets state that by entering the venue their likeness can be used. This is still a form of model releases; just not explicitly signed by every single attendee. Link to comment Share on other sites More sharing options...
Matt Laur Posted September 10, 2010 Share Posted September 10, 2010 <p>You need to understand the difference between editorial use and commercial use. A shot of ten smiling people enjoying a concert in a park used to accompany an article about the concert is quite different than the shot being used in an ad to imply that they are smiling because they all just took a particular brand of prescription drug. See?</p> Link to comment Share on other sites More sharing options...
mikael_karlsson Posted September 10, 2010 Share Posted September 10, 2010 <p>To add to Matt's helpful post above, there is no need for releases for editorial photo use in the US. And just as Matt says, the same photo can be used both editorially and commercially, it's the <strong>usage</strong> that defines the need for releases not the photo itself.</p> Link to comment Share on other sites More sharing options...
Uhooru Posted September 10, 2010 Share Posted September 10, 2010 <p>What Matt said. "Commercial gain" is not the same as "Commercial use" when it comes to photographic images. Any editorial image can be sold for profit or commercial gain but it is not neccessarily a "commercial use". See? :) Any stock photography business can require a model release if they want for any identifiable person, but it's not required at least not in the U.S. as far as I know. See Getty Images and Corbis. Much bigger companies then Istockphoto.</p> Link to comment Share on other sites More sharing options...
john_h.1 Posted September 11, 2010 Share Posted September 11, 2010 <blockquote> <p>But what if you have a 1000 or 5000 pictures like that does that mean " Hey no chance for you my friend " . This question is only about stockphoto [sic]</p> </blockquote> <p>The responses are informative in general but as to the actual question; an agency can require model releases to be provided even if the law doesn't require a release for the ultimate use. So far no one has responded with their experience with this company in a similar situation. Contacting the organization for clarification is the most reliable means to get an answer to the question. Was an attempt made?</p> Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now