Ok so I am out taking photos and and what not. And you have spoken with someone so you could take their picture. How do you bring up the topic of model release should you wish use the picture for say, stock shots or some other purpose?
Ok so I am out taking photos and and what not. And you have spoken with someone so you could take their picture. How do you bring up the topic of model release should you wish use the picture for say, stock shots or some other purpose?
This is hard. I would try lots of flattery when showing him/ her the photo.
Do you also offer to pay them something? How much if so?
Would love to hear from others on this subject.
I never offer to pay. I don't know if my image will sell, so paying is a loss. There is one exception to my "rule". That is when I photograph a street performer who is making "hat" money. If that person gives me time to work a shot...he or she may be loosing money during our time together. Even if not, I consider dropping a few bucks in the hat to be a courtesy.
Remember art use does not require a model release. You can make/sell prints in a gallery or sell a photobook without a release. (I sell prints of my street photos).
To answer your question I think that very few strangers in the street would agree to sign a model release so that you could make money from their likeness.
People who shoot stock or for commercial clients don't rely on getting strangers to agree to sign a release, they hire (and pay) models.
Obviously you can always ask. I just don't think many would say yes.
Not sure about the legal aspects, but i do a lot of street portraits, and i am quite sure if i were to bring the idea of signing a model release, 99% of my subjects will not agree to have the picture taken. Currently most of them say yes. Paper work scares everyone...
I am often confused with this question... Stock photo houses are emphatic about model releases. I always thought the rule of thumb was "recognizable" images... But no.
iStock, for example, wants model releases on anything with a "body" in it... I have shot images from as far away as a thousand feet and iStock wanted a model release. I have asked family to sign a model release with no response.
Basically, when I see an interesting shot, I shoot first and ask later... I'll present a model release form with a dollar attached and give a some kind of sob story about being a photography student, working toward a degree in photography and their pictures will help me pass the course...
Then when I show them the pictures I took, I'll start to delete ones I know are bad (but they don't) and say that they'll make me a really good grade for me...
It works a lot... After all, most people want flattery and the dollar incentive is an assurance that their pictures are going to be used in a class project.
I believe it's a public domain' question. In common law jurisdictions, you are generally free to photograph and release what can be seen from a public space. Its an expectation of privacy question.
That said, your jurisdiction may have statutory exceptions to the general rule.
I can understand why this is difficult if your personality is on the introvert side of the scale, but the way to handle this is to be bold, genuine, straightforward and honest. You just have to ask: "...hello, I just took your photo and really like it. I'd like to be able to publish it or sell it on a photo service, but would need a photo release for that. Would you sign one for me?"
One of two things will happen...yes, or no. Unlike a marriage proposal, "no" for a release is not a big deal.
I ask strangers to be in my photos all of the time. If I like what my camera screen shows me, I'll ask for a release. Just by involving my subjects in a conversation about doing a portrait of them begins a relationship. Then, the "ask" for a release is a natural. If you're nabbing photos on the street, well, you just have to walk up and ask.
When I ask a person to be a subject in an image, I tell them what motivates my interest. "I really like how intensely you look while working on your car"... "That's a lovely hat you're wearing and it looks great against the sky..." "You and your son flying that kite reminds me of when I was a child..." I get a lot more "yes" than "no". But when no happens, I courteously thank the person (s) and start looking for the next subject.
By the way...this is NOT hard once you get used to doing it. Remember too that a genuine interest in your subject will make your photo better, your subject more interested in working with you and now and then you'll make a friend.
The short answer is that street style photography is not often used for stock or any other other commercial uses because it is hard to get strangers to sign a written model release. Street and other journalistic photos are usually used for fine art and news publication only.
Privacy laws vary from state to state, but you will not often have a legal issue if photographs without a model release are used in your online digital portfolio. Other photo uses are not so protected.