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A Digital Photographer's Guide to Model Releases: Making the Best Business Decisions with...
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by Dan Heller
Sales Rank: 140015
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List Price: $29.99
$19.79
At Amazon
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Paperback: 279 pages
Publisher: Wiley March 31, 2008
Language: English
ISBN-10: 0470228563
ISBN-13: 978-0470228562
Product Dimensions:
9.1 x 7.3 x 0.7 inches
Shipping Weight: 1.4 pounds
Product Description
Do you need a release for a photo of someone you took in public? How about photos of buildings? Does it make a difference if the subject was paid to be in the picture? You can't answer these questions without more information. As the photographer, you need to understand your buyer's concerns in order to make savvy decisions about how you market your photos and to whom. Here's how to make money from all your photos, whether or not they have releases, by understanding the business aspects of the law.
Back Cover Copy
Looking to sell your photos? First, take this quiz! -
Do I need a release for a photo of someone I took in public? -
Should I get a release even if the person is unrecognizable? -
Is a release necessary if I make a profit selling a photo of a person? -
Do I need releases for photos of buildings? -
Are releases necessary for pictures of people from other countries? -
I took a lot of pictures as a hobby, and now I want to sell them. Do I need releases for all my people pictures? -
If I have no plans for a photo when I take it, should I get a release anyway? -
Does it make a difference if the subject was paid to be in the picture?
Give yourself one point for "Yes," and two points for "No." In fact, make it three points. If you scored higher than zero, you have a lot to learn about model releases, because you can't answer these questions without more information. How will the photo be used? By whom? Can the subject be associated with an idea, product, or service? Until you know that, the question of releases can't be answered.
As the photographer, you need to understand your buyer's concerns in order to make savvy decisions about how you market your photos and to whom. Here's how to make money from all your photos, whether or not they have releases, by understanding the business aspects of the law.
Customer Reviews & Comments
Since my book on Model Releases has been published, I've been getting lots of email asking whether the book applies to non-US photographers, since I'm American and I cite many US laws. First, I must point out that, while the book does cite a few laws, this is not a legal book--it's a business book. Making smart business decisions (such as whether to make money or to avoid risk) requires more than just the knowledge of "law." This is especially the case for all of the laws that apply when model releases would be applied, regardless of whose laws or what country. What's more important is that you understand the principles and concepts behind what the various laws are intended to protect. Never are there conditions so cut and dried that all you needed to know is the letter of the law and your decision-making is done. That's why this is a business book--I examine (and explain) the legal analysis and intent behind the scenes so you can make appropriate financial risk-assessment decisions on a case-by-case basis. Now, as for why US laws are so critical here, let's begin by understanding the role of international trade and globalization. Whether intentional or not, many more marketing materials companies use end up "landing" in the US somewhere, somehow, in such a way that US laws could be triggered. For example, say your local Canadian bank licenses one of your photos of a farmer in Alberta. If they use it for ads it places on google adwords, and the bank targets customers that also reside in the US, then that farmer could have a claim in US courts for the use of his photo without a release. This is because the bank is said to have "reach" into the US because it is considered to be conducting business there. Hence, that aspect of its business that it's doing (the ad) is subject to US laws. It is not uncommon for non-US entities to file claims in US courts under US laws, even though none of the parties involved may be US citizens. The book gets into details about how and why all this works. The larger point is that photographers that license images are more likely than not to be selling to clients who could have this very kind of exposure. Making matters worse is that the US has some of the most punitive laws, where damages are very high. This all adds up to very paranoid companies that want extra protection before they license any old picture of a farmer. Indeed, anyone that does any kind of international business at all will be very cognizant of US laws, and may only license images that have releases that satisfy US laws. Of course, it's true that a local German company that sells local beer to a limited geographic region is not going to get called into a US court just because they happen to have a website that has an unreleased photo of someone and that website can be seen in the US. It'd be hard to convince a judge that there's any real "presence" there. So, let's not get carried away with ourselves: not every use of any photo is suddenly subject to US laws or courts. But, again, let me remind you of your job as a photographer: to cast the widest net to catch as many buyers as possible. If you are knowledgeable of (and comply with) US laws in your photo business, you will not only get more potential US-based buyers of your imagery (not a small market by any measure), but you'll have a better reach for your local buyers as well. And that's really what this is all about. Besides, if you understand the principles behind US laws, you will have no problem doing analysis of your own laws, should they be any different. The purpose of this book is to teach you how to think smart in business terms, and analytically about law (insofar as you need to as a photographer). You will come away much better prepared to sell into the global market that you're already selling into.
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A Digital Photographer's Guide to Model Releases: Making the Best Business Decisions with...
List Price: $29.99
Available from Amazon
Price: $19.79
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