Archive 2013 · Releases in foreign countries?

EverLearning
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p.1 #1 · p.1 #1 · Releases in foreign countries?

As I find myself travelling a bit more now, I come across compelling people pictures that are worth putting on my web site for sale rather than just having it in my digital album. A couple of questions come to mind:

1. Is it a general expectation/legal requirement in most countries that you need a model release to sell pictures of a non-famous person?

2. How can one possibly address this requirement when their language is different than your own?

3. In some countries (Peru comes to mind), people will not let you take their picture unless you give them some change. To us from N. America, the change is inconsequential but to them it is meaningful. Once you have paid somebody to take their picture, you have the legal right to sell that picture, correct?

Thanks

Mar 24, 2013 at 06:00 PM

EverLearning
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p.1 #2 · p.1 #2 · Releases in foreign countries?

Hi all. I see over a 100 people have looked at this post but nobody has replied. Am I the only one to ponder these questions or were a lot of people looking for the same answers I am?

Mar 25, 2013 at 09:03 AM

Eyeball
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p.1 #3 · p.1 #3 · Releases in foreign countries?

You might try on the pro digital forum. It is more oriented towards photo business questions.

Since I live in a country outside the U.S., it is something I have thought about. Here are my thoughts (non-pro, not an attorney):

- If you are going to be doing this a lot and want to sell you images for commercial use, you should really consult with a lawyer who specializes in these issues. If you are really serious about it, you may need to consult with lawyers in the countries where you are taking the images. From a risk perspective, I would say the more high-profile you expect to be, the more you should be pursuing professional legal advice.

- If you are only selling prints ("fine art") and the images are not being used for stock photography or for commercial use, then you probably do not need a model release.

- I would say your point 3 is incorrect. For example, I can pay you to take my portrait but that does not give you the right to sell that image for advertising a product. Even if it was somehow correct, you presumably have no contract or signed paperwork so the subject could say you never gave them a cent.

- This ties in with another thing I have thought about and that you might want to consider also: What risk is there to you that authorities in a foreign country might take the view that you are working in their country without a proper work visa? This might be more of a concern if you are leaving a paper trail of model releases.

- Some stock photo sites and probably most direct commercial clients will either require proof of a model release or make you swear that you have one if there are recognizable people in the image.

Mar 25, 2013 at 09:34 AM

friscoron
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p.1 #4 · p.1 #4 · Releases in foreign countries?

Okay, I'll see if I can help here.

I'll start with No. 3, as that's the easy one. Just because you compensate someone for their time, or for letting you take their picture, that does not mean they are consenting to your selling the image or publishing it. That's where the release comes into play. You could conceivably sell these images on your website without a Peruvian's consent, and they probably would never know to stop you or sue you for compensation.

2. If you're dealing with people of another language, especially if you are shooting in their country, it's your responsibility to have a release in their language and someone to explain it to them and answer any questions.

1. Yes, but a lot of gray areas or exceptions here. If you try to sell these pictures to a magazine, the first thing they're going to ask for is a release. The same, largely said, should be true when selling on your website. I'm going to presume that your website is not a high-volume site with 10k visitors daily.

In other words, you can probably do it. I can't imagine how many actual prints you would sell if you're not on a high-traffic site. But going forward, you can save yourself a lot of trouble by having your subjects sign a release.

I hope this helps in some small way.

Ron

Mar 25, 2013 at 09:53 AM

Eyeball
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p.1 #5 · p.1 #5 · Releases in foreign countries?

One more thought: There are several model release apps out for both Apple and Android devices. Some of them have the release available in multiple languages and some of them say they have been verified as acceptable for some of the big name stock agencies.

I am pretty sure that there are countries out there that would not recognize an electronic signature if an action was brought up in that country though, so judge the risks and consult an attorney if it's important to you.

Mar 25, 2013 at 10:22 AM

EverLearning
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p.1 #6 · p.1 #6 · Releases in foreign countries?

It never is easy, is it! Oh well. Thanks for the input everbody.

BTW, no I am not a high traffic site, but every once in a while you get a picture that has real appeal. I just wanted to know what the implications of selling the picture would be.

I have often joked about wanting a sherpa to carry camera gear. Sounds like I need my own bank of lawyers too!

Mar 25, 2013 at 05:53 PM


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