Model Release Forms and Street Shooting

I have some really great street shots of people but I can't publish them anywhere because I don't have model release forms. Anybody have any suggestions about this?

Hi Doug,

This has been the topic of many discussions before. I'll try to summarize my understanding of it .

1) Laws are different in each country. It becomes even more complicating if the pictures are taken in one country and published in another.
2) So let's assume that we rely on the laws valid in the country where pictures are published. In the case of OPF, this is USA.
3) A model release in USA is only needed if the pictures are to be used commercially. The definition of which is again open to many discussions. In my opinion, OPF is not a commercial institute and if you show your pictures here they will not be used for commercial purposes (unless you get Asher to pay you for them of course ;-)).
4) If the assumption in point 3 is correct, you don't need model releases for sharing them here in OPF.

As in all situations, use your common sense.

Are the pictures showing the people in them in a "bad" way or that they might be disadvantaged by you showing the pictures? If so, do not show them.

Did they request you explicitly to not use the pictures? Then the answers is again no.

If they are just street documentaries with "anonymous" people on it, minding their own normal businesses, then you why not show them?

Not knowing the details/contents of the pictures, it is difficult to judge.

Just my Euro 0.02

Cheers,

Depends on how you want to publish them, and what the people contribute to the scene.

As long as it is non-commercial [and halfway decent, that is, not making fun of the activities of the humans depicted] it should be alright in most countries. Particularly if the people are contributing by being a number of people, that is they are generic, not individuals. In the case of children being the suject of your photo you will always need the parents' approval.

If you have shots of individuals, it again depends on what they do and where they do it. Clearly street performers or politicians are out of luck, their images can be published anywhere with the exception of advertising. If someone intentionally behaves unnormal you should be clear, too. Somebody aping around shouldn't be too surprised if he gets fed peanuts.

In a decent world, I'd say, publish [unless it is advertising] and wait for people to ask you to take the photo down or for part of the turnaround. Sadly the world isn't decent but illegalised by greedy folks. That is, if you are unable to get permission, leave it. Always carry around model releases.

Dierk Haasis said:

Depends on how you want to publish them, and what the people contribute to the scene.

As long as it is non-commercial [and halfway decent, that is, not making fun of the activities of the humans depicted] it should be alright in most countries. Particularly if the people are contributing by being a number of people, that is they are generic, not individuals. In the case of children being the suject of your photo you will always need the parents' approval.

If you have shots of individuals, it again depends on what they do and where they do it. Clearly street performers or politicians are out of luck, their images can be published anywhere with the exception of advertising. If someone intentionally behaves unnormal you should be clear, too. Somebody aping around shouldn't be too surprised if he gets fed peanuts.

In a decent world, I'd say, publish [unless it is advertising] and wait for people to ask you to take the photo down or for part of the turnaround. Sadly the world isn't decent but illegalised by greedy folks. That is, if you are unable to get permission, leave it. Always carry around model releases.

Click to expand...

Dierk and I must have been replying at the same time. I fully agree with his response.

Thanks, folks.

Doug,

The advice is excellent. I'd rather not assume that pictures are to be published in OPF although that's a reasonable start.

Note that in some places, photographing children might be illegal. This is not so in the USA in public places, but many localities have ignorance of the law.

One can include kids faces in the USA, but it can be bad manners. If there is a whole crowd or large street scene, the importance ofr that face would be minimal. If however, one is tracking the child on a beach, then one might easily arouse protest and even anger. One could very well show the officer that one is simply doing what is allowed but if the pictures focussed on genital areas or seemed exploitative, one might have a problem

So as one gets more and more intrusive your intent becomes more questionable.

Upskirt aim, "Stalking" whatever, that is, or impeding the person's movement would provide an excellent reason for a policeman's challenge!

Carry a card with consent info for the people to sign in return for a small sum, or the promise of prints if they wish and you will now have commercial rights too. Children require the consent of parents.

Now once you have the image, even with consent, you cannot use it in a demeaning context. This for example, you cannot take a picture of a girl leaning on the wall of a school to get fresh air or a cigarette and include it in an article on street prostitution. That is the USA could be construed as "libel per quod" which is libel based on the proximate association with material that has the effect of libeling the good nature of the person.

Good luck!

For France, Holland U.K. if there are different laws, then this would be great to know.

Asher