A Digital Photographer's Guide to Model Releases: Making the Best Business Decisions with Your Photos of People, Places and Things [Paperback]

Dan Heller (Author)

Book Description

Publication Date: March 31, 2008

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.

Editorial Reviews

From the Back Cover

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.

About the Author

Dan Heller has been a freelance photographer and photo industry analyst for over ten years — a career that started when he put his photos on his Web site, www.danheller.com. His work has been featured in publications from news and business media to fine art books.

Product Details

• Paperback: 279 pages
• Publisher: Wiley; 1 edition (March 31, 2008)
• Language: English
• ISBN-10: 0470228563
• ISBN-13: 978-0470228562
• Product Dimensions: 9.2 x 7.4 x 0.6 inches
• Shipping Weight: 1.4 pounds (View shipping rates and policies)
• Average Customer Review: 3.6 out of 5 stars  See all reviews (12 customer reviews)
• Amazon Best Sellers Rank: #619,292 in Books (See Top 100 in Books)

Customer Reviews

Most Helpful Customer Reviews

13 of 14 people found the following review helpful:

5.0 out of 5 stars What about non-US photographers?, March 28, 2008

By 

Dan Heller "www.danheller.com" (Marin County, California) - See all my reviews
(REAL NAME)   

This review is from: A Digital Photographer's Guide to Model Releases: Making the Best Business Decisions with Your Photos of People, Places and Things (Paperback)

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.

6 of 6 people found the following review helpful:

5.0 out of 5 stars Most complete discussion of model releases I have read, March 29, 2008

By 

P. DeMott - See all my reviews
(REAL NAME)   

This review is from: A Digital Photographer's Guide to Model Releases: Making the Best Business Decisions with Your Photos of People, Places and Things (Paperback)

No question that this is the most usable and understandable discussion of model releases as it relates to photographers.

A couple of years ago I went to the library with questions about property releases and took out well over a dozen books on photography and the law and photography business. Almost all talked about model releases (for people) and several also had property release examples, but only ONE BOOK said anything at all about property releases and it was only about a sentence or two. All of my prior reading left me with more questions. This books explains the why so that you can more accurately make decisions regarding releases.

6 of 6 people found the following review helpful:

5.0 out of 5 stars A wealth of information for the digital photographer interested in making a business out of photography,, March 28, 2008

By 

Michael L. Baird "Author "Engineering You... (Morro Bay, CA USA) - See all my reviews
(REAL NAME)   

Amazon Verified Purchase

This review is from: A Digital Photographer's Guide to Model Releases: Making the Best Business Decisions with Your Photos of People, Places and Things (Paperback)

Dan Heller's website presents a wealth of information for the digital photographer interested in making a business out of photography, and answers all sorts of questions, in an authoritative way, about model releases, what/where/when can one photo, and how can those images be used by whom. Dan is generous with his information on his website and in personal communications, which helped him perfect his product, in this case his book A Digital Photographer's Guide to Model Releases: Making the Best Business Decisions with Your Photos of People, Places and Things. In some sense I felt I already had all the answers I needed on this topic after reading Dan's material online. But to have it all re-purposed in a logical, complete, consistent vehicle illustrated with many beautiful photos, and crafted for fun reading with humor and post-it-note sidebars and anecdotes... this book is quite simply the definitive guide on the subject. Dan does not simply answer the questions, he explains the reasoning behind the questions and answers so that one can logically apply the "rules" to other situations with confidence. This is the best $20 bill I have parted with in my investment in photography. I would not trade this book for all the others in this category combined. This title will persist for years because its advice is timeless. Like reviewing the basics of any discipline will help any pro, I can't think of one expert in this field who would not benefit from reading this book. Kudos to Dan for a job well-done, from a dedicated fan, Mike Baird