Site release
What Does “Private” Mean in Photo Release Forms?
If someone is in a public space, like a park, beach, or sidewalk, it is legal to photograph them. They shouldn’t expect privacy laws to prevent them from being photographed. That means a street photographer can publish candids taken in public spaces as long as those images are only used for editorial purposes. However, if a photographer captures someone when they’re on their private property, a photo release form would be required.
Homes, vehicles, and pets count as private property and should be treated as such in a photography consent form.
If you, as a photographer or cinematographer, plan to use any space other than your own studio space, it is advisable that you also get permission to use someone else's property. A site release is a document showing you have that permission.
(US case law in Europe or Australia is not a strong defence, so you should always take a account of where you are taking the pictures and where you are based. Generally speaking though the only time you need be concerned is when publishing an image for advertising where the subject has not given their consent and their likeness is clearly evident.)
A site release example
For valuable consideration, I hereby acknowledge as received, the undersigned being the legal owner of, or having the right to permit the taking and use of photographs of certain property designated below, does grant to the photographer, his/her agents or assigns, the full rights to use such photographs and copyright same, in advertising, trade, or for any purpose. a) I also permit the use of any printed material in connection therewith. b) I hereby relinquish any right that I may have to examine or approve the completed product or products or the advertising copy or printed material that may be used in conjunction therewith or the use to which it may be applied. c) I hereby release, discharge, and agree to save harmless the photographer, his/her heirs, legal representatives or assigns, and all persons functioning under his/her permission or authority, or those for whom he/she is functioning, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in the composite form whether intentional or otherwise, that may occur or be created in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy. d) I hereby affirm that I am over the age of majority and have the right to contract in my own name. I have read the above authorization, release, and agreement prior to its execution; I fully understand the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives, and assigns. Photographers Name: ____________________________________________________________________ Property Description: __________________________________________________________________ ________________________________________________________________________________________ Consideration of _______________________________________________________________________ Owner:__________________________________________________________________________________ Address:________________________________________________________________________________ City:___________________________________________________________________________________ State/Zip:______________________________________________________________________________ Phone:__________________________________________________________________________________ Email:__________________________________________________________________________________ Dated: _________________________________________________________________________________ Witness:________________________________________________________________________________
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