william5
Hello everyone,
Here’s a question that’s been on my mind for a while – it’s not necessarily about analogue photography, but is more of a general issue.
When photographing people, I need their consent due to the legal issues surrounding their image rights. As far as I know, this is called a ‘model release’.
How do you go about it when you’re out and about, see someone and take their photo? I’d like to know the practical side of things: do you carry pre-printed forms and a pen with you? Does anyone have any experience of how people react to this and what the best way to go about it is?
Every time I photograph other, unfamiliar people and then see the results in the darkroom later, I’m reminded that I can’t publish the pictures.
Best regards, Jens
Gast
Hi Jens
When I’m out and about taking photos, I don’t draw up contracts. If you make eye contact and have a chat with the model, just briefly explain what you’re taking the photos for (they’re actually interested in that, as there are plenty of oddballs about – with mobile phones and such). Perhaps you have a business card you can hand over with your website on it, so they can see what you do.
Tell them you want to publish the photos on your website and that you’ll also be making prints for yourself and possibly for an exhibition (people might want a print, so just ask for their address). If there’s no contact, then you don’t do anything. As long as you’re not trading in them or using them for advertising, the photo is considered art. Have a look in the latest Photonews; this very question is discussed in the lead article.
If you’re doing street photography, I assume people see you. Hopefully you won’t be shooting them with a rocket launcher (i.e. I find anything over 135mm indecent for street photography).
For planned shoots, I naturally draw up a TFP model release (I can send you my template on request; see my website for my email address).
Regards, Martin
william5
Thanks, Martin. No long lenses for me. I use a 50mm lens for 35mm and anything from 50mm to 150mm for medium format. And for the latter, I use a tripod almost exclusively. You certainly can’t miss me then ;-)
SimonWeber
To the best of my knowledge, in Germany the protection of one’s own image falls under the protection of artistic work. This means that if the photographs were taken for artistic purposes (e.g. an exhibition, including a catalogue and the sale of the photographs in a limited edition), no declaration of consent is required, provided the photographs were taken in public. (The situation is different if people are photographed in private premises. Please note that supermarkets etc. can also be classified as ‘private premises’.)
What is not permitted is the commercial use of portrait photographs taken without explicit consent (e.g. in a fashion magazine, or for distribution in very large print runs).
In any case, photos – including for commercial use – may be used if the people were photographed as “background elements”, e.g. standing in front of a panorama. In such cases, the image is no longer considered a “stand-alone photograph”.
Regards
Simon
uworischki
The latest issue of PHOTONEWS features an interesting article on exactly this topic.
Best regards, Uwe
