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Anime and Manga Week Chatevent - Ended now! 

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What's Happening?




THIS WEEK...





F e l l a . 0 2 by thekidKaos


Find your favorite art form in education format by either browsing the galleries on the right or visiting #projecteducate's 2013 Roundup. To find out what's coming up in 2014 check out the schedule.

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Please Release Me!

Sat Sep 20, 2014, 12:00 PM by NovelExpression:iconnovelexpression:
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PREFACE: WE ARE NOT ATTORNEYS AND DO NOT OFFER LEGAL ADVICE. WE ARE ONLY SHARING BEST PRACTICES THAT WE HAVE USED INDIVIDUALLY AND COLLECTIVELY AS PHOTOGRAPHERS, ART BUYERS, EDITORS AND PRODUCERS.ULTIMATELY, ONE SHOULD CONSULT WITH COUNSEL.  ALSO, THIS INFORMATION APPLIES ONLY TO COMMERCIAL IMAGERY, NOT TO STREET PHOTOGRAPHY, FINE ART OR PHOTOJOURNALISM.

There is an urban legend that adheres to the belief that taking a photograph takes part of ones' soul. I don't know about that, but I do believe that basic etiquette applies at the very least when taking pictures of people, animals, property, etc. that could ultimately be used commercially. In many cases, basic laws involving copyright, rights of publicity and rights of privacy also apply to these uses. At some point in your photography career, you will get a request to either sell, license or grant permission for someone to use your work. Getting releases in order will make that process a lot easier, and, ultimately can increase the value of your work.

First, from the point of view of the law and your of your subjects one is 'TAKING' a picture of the people and things in front of the camera. Asking for permission is only fair. Explaining your purpose and what the image may be used for AND memorializing the conversation in writing solidifies and further clarifies the intentions on both sides of the camera. 

Why not get a release? in this digital age, the information attached to the image is as valuable as the image itself.  Better to be safe than sorry. One rule of thumb is that if a subject can recognize themselves or the owner can recognize their own property, then a release is needed. We are conservative over here in this regard - recently a model brought her own stunning renaissance gown to a shoot. We had her sign a property release along with her model release just to be on the safe side. 

Same with pet owners, home owners, small business owners and so on. You are probably not going to get a release from a big manufacturer or amusement park, so plan your shoot accordingly. 

There are so many releases available. One good source that we use and that is vetted by many professional organizations is Easy Release. One can customize with one's logo and tailor usage as needed. Many trade organizations like the ASMP and PPA have releases vetted by their attorneys. Ultimately it is up to the photographer to familiarize themselves with all the language and understand what they are asking and what the release grants AND how the model is being compensated (prints? images? financially?).

A few pointers:

  • Minors need a release that states that they are minors at the time of the shoot and the release needs to be signed by parent/guardian (and even this may not be enough in some states and countries)
  • Pets are considered property and a property release covers them
  • Shooting in a home with artwork recognizable on the wall? Need a property release from the artist OR take it off the wall.  
  • Tattoos can be considered works of art and a release from the Tattoo artist may be needed OR the ink removed/altered in post
  • If your customer wants a copy of the release, be sure to redact(remove) any contact/personal information from your model before providing.
  • Keep a scan and a hard copy on file for yourself
  • Do you have one model that you work with a lot? There is a school of thought (and we are of this school) that has models sign a release for every session. 
  • If the model or things are employees and property of your client, releases are still a good idea - - for you.

This is very general information and there is a ton more available to you in handbooks for photographers on the web and in your own communities. Better to get a release and make it part of your process. This gives you great control, creatively and professionally, to make your wonderful images! 





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We also have a a series of Handy Hints and Tips which you can get involved in by reading this article here. This series aims to deliver shorter articles focusing brief tips with visual examples to aid you with many areas of your art.

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Comments


Add a Comment:
 
:iconmanik-image:
MaNik-ImAgE Featured By Owner Sep 9, 2014  Hobbyist Photographer
Hi, I submitted and sent a note; pretty sure I did everything right; but then never got a response or anything? Was there a problem? :/ 
Reply
:icongoodnight-melbourne:
Goodnight-Melbourne Featured By Owner Aug 23, 2014   Traditional Artist
Hello,
When we are having traditional week again?
Reply
(1 Reply)
:iconarichy:
Arichy Featured By Owner Aug 9, 2014  Hobbyist General Artist
:heart: 
Reply
:iconwinternyx:
WinterNyx Featured By Owner Aug 8, 2014  Student Photographer
Just a question, can anyone contribute to the gallery descriptions? Or is it just for the group staff.
Reply
(1 Reply)
:iconmeiyue:
meiyue Featured By Owner Aug 7, 2014  Student General Artist
Sorry, have to do this for something! *leaves random comment*
Reply
:iconcristinewakesuphappy:
cristinewakesuphappy Featured By Owner Jul 26, 2014  Hobbyist Writer
is there a PE article yet about the distinctions between memoirs and diary writing? i can google it but guys at PE say it best.
:iconflowerheartplz:
Reply
(1 Reply)
:iconlykonix:
lykonix Featured By Owner Jul 13, 2014  New member
Hi! Is it possible for take a real life photograph (that you didn't take) and edit it? (if you give credit to the original!) I'm not really sure on the rules of what you can or cannot post :c

If you're not sure what I'm talking about, can you look at my first deviant?

I'm not sure if I'm allowed to post it, and I will take it down if it violates the rules. Sorry, I'm just a little confused on the guide lines here ;n;

Thank you so much in advance!
Reply
(1 Reply)
:iconwindklang:
Windklang Featured By Owner Jun 26, 2014  Hobbyist General Artist
There are soooo many incredibly interesting-looking articles posted lately, I just will take AGES to read through them :)
Thank you all for providing them :)
Very much appreciated!
Reply
(2 Replies)
:icongoodnight-melbourne:
Goodnight-Melbourne Featured By Owner Jun 24, 2014   Traditional Artist
Until next time :salute: 
Reply
:iconsenecal:
Senecal Featured By Owner Jun 19, 2014  Professional Digital Artist
Awesome group. If I ever get a spare minute, I will try to write up something.

Really glad to see dA being used in an educational capacity!
Reply
(1 Reply)
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