Photo Release legal advice

Discussion in 'Legal and HR' started by lem25, May 13, 2016.

  1. lem25

    lem25
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    Hello, this is my first post so hopefully I'm in the right place!

    I can't bare the idea of putting my baby into childcare while I go back to work so I'm throwing around ideas of home businesses I could start. I'm experienced in photography and editing of photographs and the editing side is something I'm looking into. There seems to be big/national companies that do it but I'd like to offer a more personal/ local service.

    I'd like to offer the service of editing other people's images, I'm curious as to what kind of release form I would need signed, is there a template I can write up myself or should I hire a lawyer for this?

    It's all quite hypothetical at the moment as I'm looking into other business ideas too which would allow me to work from home with my child.

    Thank you in advance for any help!
     
  2. Business Attorney

    Business Attorney
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    I don't know of any specific release forms for simply editing someone else's photos and returning them to them. If you intend to use the photos for your own purposes, such as marketing your services, you would certainly need a release for that.
     
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  3. PhoenixPhotography

    PhoenixPhotography
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    If it is purely the editing of photos then you shouldn't need a specific release. As mentioned above, if you want to use any of the images for marketing reasons you would need 2 approvals/releases signed - 1 from the photographer and 1 from any people appearing in the images (the photographer should get this up front but that is generally for use in their marketing and website, not a 3rd party).

    Personally, if someone else was editing my photos, I would not want them to be using them for any advertising etc.
     
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  4. lem25

    lem25
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    Yeah it's a tough one, I know sometimes people aren't happy with their photographers work and might use my services to try and rescue the pics, are you saying I can edit them without a release providing I don't use them for marketing? Or should the original photographer always be consulted?

    I suspect it could be on a client by client basis and would depend on the terms agreed on with their photographer.

    I've got thousands upon thousands of my own pics I can edit and use for marketing. I have done old photo restoration before too.

    Just wondering if there's too much risk of narrowing my market, or landing in a sticky situation.
     
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  5. PhoenixPhotography

    PhoenixPhotography
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    If you are picking up work directly with consumers then if theory all is oK, however, it does depend on the contracts they signed with their photographer. As not all contracts give the consumer the right to edit photos and repost them. This is to protect the photographer in case a consumer does an edit and then posts in on social media with the photographers branding on etc.. when it could be horrible :)

    You may be better off going after business directly from photographers. New ones don't have the experience to edit their own photos perfectly at the start and some are too busy to sit through 100's of edits. If you do this then your agreement is a simple one directly with them giving pricing and service level agreements..
     
  6. lem25

    lem25
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    Thanks Phoenix that's a good suggestion. I don't want to do anything underhand and tbh I'd be pretty mortified if I saw someone had paid to have my photos edited. But I know myself photographers who can't properly use photoshop.

    I just can't think of many genuine ways to earn an OK income from my own business at the house. My skill set is photography/ some design and administration.
     

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