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Photo Release Forms

 
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murrayadk


Joined: 11 Apr 2012
Posts: 16

Post Posted: Fri Apr 13, 2012 10:42 pm     Reply with quote

Hello all,
Being new to Shutterstock I've been studying over the the various requirements etc.. One requirement has me a bit puzzled, the need for releases. Is there a simple general rule as to when a release is necessary. I did download a few copies of the Shutterstock releases which appear to me that some subjects would be overwhelmed by. If one takes a picture of a barn etc. on someones property is a property release required? (just one example). Any assistance would help or lead me to the right place. I did search but did not come up with much. I must be missing something.
Thanks,
Jim
hhltdave5


Joined: 20 Jun 2006
Posts: 24083
Location: Our Stock, Food & Portrait photography books at www.rindersmithphotography.com

Post Posted: Sat Apr 14, 2012 7:52 am     Reply with quote

Releases are a tough thing to spell out with certainty and to cover everything because much of it is subjective. Here are a few guidelines though.

For People - If the person in the image could recognize themselves either by sight or by the situation in the image then a release is necessary. The key thing to remember here is that the person doing the recognizing is the person in the shot and not a stranger. If you think about it if you were to look at a shot in which you were in even if your back was turned or you remembered the place in the shot you would know it was you.

When it comes to vehicles just pass them right by without submitting them. Pretty much all vehicles need a property release.

Buildings - Buildings are a tough thing to pin down because they can be covered by architectural property rights. The VERY general rule for this is if the building was substantially completed after December 1, 1990 then it has protections. However certain buildings can be protected by additional areas such as design and those can be for 70 years after the death of the designer.

Certain buildings can also be trademarked with logos etc. The big thing now is companies buying buildings and putting their name on them such as Allstate Arena, United Center, Petco Park and so on.

So, it is best just to forget doing single buildings and just doing them as part of a cityscape where one building is not dominant. Abandoned buildings such as old barns etc I think are still ok.

Works of art are also protected under certain circumstances and those get very complicated.

You can submit some of these images as Editorial without a release if it meets the requirements of Shutterstock.

I suggest going to the Shutterbuzz area where they have some additional information on this subject. Here are some of the links.

http://www.shutterstock.com/buzz/legal/stock-image-releases

http://www.shutterstock.com/buzz/legal/stock-photo-restrictions

http://www.shutterstock.com/buzz/creating-the-perfect-editorial-caption
murrayadk


Joined: 11 Apr 2012
Posts: 16

Post Posted: Sat Apr 14, 2012 6:44 pm     Reply with quote

hhltdave5 wrote:
Releases are a tough thing to spell out with certainty and to cover everything because much of it is subjective. Here are a few guidelines though.

For People - If the person in the image could recognize themselves either by sight or by the situation in the image then a release is necessary. The key thing to remember here is that the person doing the recognizing is the person in the shot and not a stranger. If you think about it if you were to look at a shot in which you were in even if your back was turned or you remembered the place in the shot you would know it was you.
When it comes to vehicles just pass them right by without submitting them. Pretty much all vehicles need a property release.

Buildings - Buildings are a tough thing to pin down because they can be covered by architectural property rights. The VERY general rule for this is if the building was substantially completed after December 1, 1990 then it has protections. However certain buildings can be protected by additional areas such as design and those can be for 70 years after the death of the designer.

Certain buildings can also be trademarked with logos etc. The big thing now is companies buying buildings and putting their name on them such as Allstate Arena, United Center, Petco Park and so on.

So, it is best just to forget doing single buildings and just doing them as part of a cityscape where one building is not dominant. Abandoned buildings such as old barns etc I think are still ok.

Works of art are also protected under certain circumstances and those get very complicated.

You can submit some of these images as Editorial without a release if it meets the requirements of Shutterstock.

I suggest going to the Shutterbuzz area where they have some additional information on this subject. Here are some of the links.

http://www.shutterstock.com/buzz/legal/stock-image-releases

http://www.shutterstock.com/buzz/legal/stock-photo-restrictions

http://www.shutterstock.com/buzz/creating-the-perfect-editorial-caption


Many thanks for the reply. I have a better understanding of when a release is needed. Thanks again.
ruxpriencdiam


Joined: 07 May 2009
Posts: 26270
Location: Third Stone from the Sun

Post Posted: Sat Apr 14, 2012 7:14 pm     Reply with quote

And for further reading.

http://www.editorialphoto.com/resources/6-05_LegalNews-%20right_publicity.pdf

http://www.rcfp.org/photographers-guide-privacy

http://submit.shutterstock.com/forum/viewtopic.php?t=72887 Photo restrictions

http://submit.shutterstock.com/forum/viewtopic.php?t=110200&highlight=army+vehicles

http://submit.shutterstock.com/forum/viewtopic.php?t=72597 (COPYRIGHTS)

http://www.copyright.gov/

http://submit.shutterstock.com/forum/viewtopic.php?t=72853 (Ideas)

http://submit.shutterstock.com/forum/viewtopic.php?t=73387 (Buidings)

http://www.copyright.gov/circs/circ41.pdf (Buildings)

http://www.aepronet.org/pn/vol5-no2.html (buildings)

http://www.singh-ray.com/grndgrads.html (filters)

http://submit.shutterstock.com/forum/viewtopic.php?t=72887 (cars)

http://submit.shutterstock.com/forum/viewtopic.php?t=57357&highlight=vehicle+ford

http://submit.shutterstock.com/newsletter/145/article1.html

http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act

http://submit.shutterstock.com/forum/viewtopic.php?p=1347766#1347766 (DMCA form info)

http://buzz.shutterstock.com/tips/protecting-your-content DMCA FORM

http://submit.shutterstock.com/forum/viewtopic.php?t=80843

http://submit.shutterstock.com/forum/viewtopic.php?t=76361

http://submit.shutterstock.com/forum/viewtopic.php?t=63537&highlight=tattoos

http://www.copyright.gov/help/faq/faq-duration.html

http://www.artquest.org.uk/articles/view/old-photographs1
murrayadk


Joined: 11 Apr 2012
Posts: 16

Post Posted: Tue Apr 17, 2012 8:41 pm     Reply with quote

That's a complete reference library there. Appreciate it. Thanks
nahariyani


Joined: 11 Feb 2012
Posts: 9

Post Posted: Thu Apr 19, 2012 3:19 pm     Reply with quote

Hi there,

I have a question and would be very thankful if anybody could clarify it. I'd like to use one photo taken in the very end of the XIX century (something like 1886-1887) as a base for my vintage vector background. It's a photo of my wife's great-grandmother. Do I need any release for using it? If yes, which one - model or property? I downloaded both forms; however, in my opinion, neither of them suits the case... Here is the mentioned photo:
hhltdave5


Joined: 20 Jun 2006
Posts: 24083
Location: Our Stock, Food & Portrait photography books at www.rindersmithphotography.com

Post Posted: Sun Apr 22, 2012 4:12 pm     Reply with quote

nahariyani wrote:
Hi there,

I have a question and would be very thankful if anybody could clarify it. I'd like to use one photo taken in the very end of the XIX century (something like 1886-1887) as a base for my vintage vector background. It's a photo of my wife's great-grandmother. Do I need any release for using it? If yes, which one - model or property? I downloaded both forms; however, in my opinion, neither of them suits the case... Here is the mentioned photo:


Yes you would need a release and for Shutterstock the procedure is to have the next of kin of the person sign the release (model release) making a note on the release that they are signing for the person who is deceased. I would also note the relationship to the deceased (great grandson for example).
nahariyani


Joined: 11 Feb 2012
Posts: 9

Post Posted: Sun Apr 22, 2012 4:53 pm     Reply with quote

Thank you, David!
Mike E. Blaine


Joined: 24 Apr 2012
Posts: 1

Post Posted: Tue Apr 24, 2012 8:49 pm     Reply with quote

I have from my (deceased) fathers studio post cards that from what I can tell are from the early 1900's, some have writing on them, most do not. They have photos of unknown persons on one side and a place for the stamp on the back side. Am I able to submit these, there is no way I can identify any of the people in the pictures.
Thanks
 
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