A local skating rink/entertainment facilty wants me to come out and take pictures of the activities so that they can use they can use the pictures in advertisments. Seems like a tricky situation to me in regards to Model Release forms, especially since we are dealing with children.
Should I only photograph children whose parents are on site and I can get a model relase form from? Are there any resources I am missing to brush up on a situation like this?
rak7275 wrote:
Should I only photograph children whose parents are on site and I can get a model release form from? Are there any resources I am missing to brush up on a situation like this?
Thanks in advance
Yes. Do not shoot anyone without a model release for commercial work.
You should speak to a lawyer in your area. They will have the most correct information for the various laws that will apply to you.
It is actually the rink's responsibility to get releases because they are going to be using the photos for their promotion. That said, if it's an event arranged for photography, they should make it part of the admission process.
cwebster wrote:
It is actually the rink's responsibility to get releases because they are going to be using the photos for their promotion. That said, if it's an event arranged for photography, they should make it part of the admission process.
<Chas>
Yes, this is the ticket. It is the rink's responsibility to have model releases for their commercial use--historically photographers get them because the photographer is present, but it's actually the user that must have the release.
The best plan for the rink would be to hold a special event for a couple of hours for that purpose.
cwebster wrote:
It is actually the rink's responsibility to get releases because they are going to be using the photos for their promotion. That said, if it's an event arranged for photography, they should make it part of the admission process.
<Chas>
Regardless of whose responsibility it is, you should make it your responsibility to get good releases signed that will hold up in court. If releases are not complete enough you will be named in any law suit that arises from the results of release issues.
You might suggest that you shoot on a day when an organized club is there so you can more easily get the releases you need.
I suggest that you go to this section of the ASMP site for good information on this. Better yet, why not join!
Regardless of whose responsibility it is, you should make it your responsibility to get good releases signed that will hold up in court. If releases are not complete enough you will be named in any law suit that arises from the results of release issues.
"...Will be?" Not likely, unless the photographer had a role in hiring/recruiting the models. Otherwise, the photographer is contracted help like the guy hired under the maintenance contract who swept up afterward.
That still has to be the responsibility of the user, because it's still the user who used them. The releases have to meet the uses that are being planned for the photographs, and it's the company's lawyers who know that best.
My releases are vetted by my lawyer for my purposes. My lawyer does not write a model release for every company I photograph for. In addition, it's the user who needs to keep the model release in his own files.
billkoe wrote:
If releases are not complete enough you will be named in any law suit that arises from the results of release issues.
You can be named even if you're documented to the gills. The issue is whether it'll stick; it won't unless you represented that you were providing the releases, and that the images in question were fully and properly released. Releases are the responsibility of the user. That's the law, and for added clarity, those should be the terms in your contract. (They're the terms in ASMP's boilerplate.)
It's worth noting that ASMP release document is written from the perspective of wanting to build a library of resaleable images. In that case, yes, absolutely, get releases or also get your own releases. For images you don't care about relicensing to another party later, you are under absolutely no obligation to deal with releasing. That's Somebody Else's Problem, and you avoid liability by keeping it that way.
It won't hurt to point out to the customer that they need releases - but then let them do all the legal footwork. Having a special session with only those having already signed (or parent(s) signed releases is the better approach. You can chase the signatures or they can. If you have to get signatures, you'd likely be doing that on the clock. Their employees are probably less expensive than you?
Whenever I have done commercial photos for advertising involving children, I have used model actors and not the public You will get much better photos when you can compose the scene, use proper lighting, and give special instructions instead of photographing random people. This will also solve your model release issue. What happens to children there without a parent to sign their release?
The last assignment I did, (at various nursing homes). the client arranged all the model releases and every shot I took, they obtained the various model releases.
Thanks everyone, FYI what I did is set it up after hours and just used employees running around the place. In the end it was necessary as there was NO WAY of getting skating pictures without some lights set up. It was kind of difficult to get the owner to understand that he needed the releases. I think his words were something like we take pictures all the time and never have a complaint. Anyway got all the release and the customer has been very happy with the images. Anyway here is one of my favorite photos and something similar will be used on their flyers, pretty typical shot but they liked it.
rak7275 wrote:
It was kind of difficult to get the owner to understand that he needed the releases.
This is why I prefer in these types of cases to take care of it myself. Your original post certainly implied that this was being left up to you. Most times the client does handle this but you have the choice of refusing the assignment, talking your client into taking care of this or doing it yourself. You also have the option of shooting all close ups, using selective focus or other means to not show people.
Any way you look at it you need forms that will hold up in court. Not just for your client but for you as well. Trust me, you can be dragged into a law suit over this stuff.
I'm glad you got it worked to your and your client's satisfaction. You do what you need to do to take care of your client. That's how you keep them.
