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

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

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Author: Dan Heller
Publisher: Wiley
Category: Book

List Price: $29.99
Buy New: $15.00
You Save: $14.99 (50%)



New (31) Used (2) from $15.00

Avg. Customer Rating: 4.5 out of 5 stars 4 reviews
Sales Rank: 446979

Media: Paperback
Number Of Items: 1
Pages: 279
Shipping Weight (lbs): 1.5
Dimensions (in): 9.1 x 7.3 x 0.7

ISBN: 0470228563
Dewey Decimal Number: 770.68
EAN: 9780470228562
ASIN: 0470228563

Publication Date: March 31, 2008
Availability: Usually ships in 1-2 business days
Condition: Brand new, great condition.

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Editorial Reviews:

Product Description
Scenario: You're at your kid's soccer match at school and you're taking pictures. Being the photo buff that you are, you get everything—kids scoring goals, parents screaming from the sidelines, the popcorn vendor, and fans in the stands. Later, you show the pictures to some of the people, and find that some want to buy a print for themselves. This becomes a popular event, and over time, your reputation grows. The local newspaper gets wind of your talent and wants to license a few photos so it can put some in the paper for an article on the school's sports curriculum. Perhaps some shots are so good that the local gift shop wants to sell enlargements of the shot you took of the winning goal at the state championships. All's going well, until someone tells you that you can't do any of these things unless the people in the photos sign a "release" allowing you to use their pictures.

This and other virtually identical scenarios illustrate a most common situation in which a photographer has to decide whether he needs a release from the people he is photographing. Whether it's a school game, a music concert, an amusement park, or a professional-league game—the circumstances may vary—but it's all about the same thing: What are people's rights concerning their own likenesses, and what are the rights of the photographer to use those photos?

This book takes readers through the decisions and business opportunities that are affected by photographing people and model releases.


Customer Reviews:

3 out of 5 stars Caveat Emptor   April 19, 2008
 1 out of 1 found this review helpful

Although Mr. Heller describes his book as a "business book," not a "legal book," it should be noted that he is not a lawyer, has no professional liability for giving incorrect legal advice, and that relying upon the advice in this book (any disclaimers contained herein or therein notwithstanding) is no substitute for consulting an attorney licensed in your jurisdiction and familiar with the relevant law.



5 out of 5 stars Most complete discussion of model releases I have read   March 30, 2008
 4 out of 4 found this review helpful

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.



5 out of 5 stars A wealth of information for the digital photographer interested in making a business out of photography,   March 29, 2008
 3 out of 3 found this review helpful

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


5 out of 5 stars What about non-US photographers?   March 28, 2008
 4 out of 4 found this review helpful

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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