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When Do You Need to Obtain a Model or Property Release?

07 Apr

The post When Do You Need to Obtain a Model or Property Release? appeared first on Digital Photography School. It was authored by Kevin Landwer-Johan.

Model and property releases are necessary when you want to use your photographs commercially. This also applies if you plan to upload your photos to a stock agency who will license them for commercial use. These rules apply only to photos that contain recognizable people or material which is copyrighted.

Market Scene When do you need to obtain a model or property release?

I have a model release for this photo so I can sell it commercially or on stock photography websites under a commercial license. © Kevin Landwer-Johan

If someone can recognize themselves in a photo, it needs a model release. Even if your photo of a person is a silhouette, it needs a model release for commercial use. Anything showing a company logo, branding, photograph or artwork needs to be accompanied by an appropriate property release if using it commercially.

Release requirements vary from country to country, even from state to state. You need to do due diligence to be sure. This article covers the broader issues of model and property releases and should not be considered in any way as legal advice.

What are model and property releases?

These documents are written, signed agreements between the photographer and the people or property in a photograph.

If you have a photograph of any group of recognizable people you want to upload to a stock photo website to sell commercially, every person in the photo must individually sign a model release.

When do you need to obtain a model or property release? Commuters

This photo could be used commercially without a license because no one in the photo is recognizable. © Kevin Landwer-Johan

Photographs of things like cars, storefronts, and even some buttons require the signature of the copyright owner or a property release to use them commercially. There are also many other situations where property releases are required.

France’s famous Eiffel Tower does not require a property release during the day. However, if you photograph this iconic landmark at night, a release to use it commercially is necessary. The lighting design that illuminates the tower at night is subject to copyright. Many other public structures are subject to copyright laws, as are any privately owned buildings. So do your homework before you embark on a commercial photography job.

When do you need to obtain a model or property release? Merlion Park, Singapore

A property release would be required to use this image commercially. ©Kevin Landwer-Johan

How can you know if you need a Property Release?

Research is easy these days. Jump online and do a quick, specific search and you will find your answer. It’s best to do this early on in your planning because if a release is required, this will have a significant impact.

Many times you will not be granted a property release. I can’t imagine any company would even pay attention to requests for general releases of their intellectual property.

In some situations, you’ll need permission even to photograph. When you are on public property, in most countries, there are no restrictions on what you can photograph. Restrictions only come into play if you want to publish your photos.

Photographing on private property, and in some public spaces such as museums and galleries, you need to seek consent.

Err on the side of caution. Commercial use of photos containing physical or intellectual property without an appropriate release can be very expensive if you get sued.

When do you need to obtain a model or property release? Jet Ski on the Beach

This photo can be sold commercially because there is no visible branding on the jet-ski. © Kevin Landwer-Johan

Is it difficult to obtain a Model Release?

Sometimes yes, sometimes no.

When photographing friends, family or hired models, it can be quite easy to get them to sign a model release. Careful communication is essential, and it pays to obtain model releases before you start photographing.

When do you need to obtain a model or property release? Song Khran Fun - Thai New year

I have model releases for the two recognizable people in this photo, so it can be sold commercially. © Kevin Landwer-Johan

Explain to the people you are going to photograph what you plan to do with the photos and ask if they have any objections. If not, have them sign a release form there and then.

Many people are happy to comply. You can offer them something in return for their services. Many times digital copies of their photos are sufficient. If I am working with models, I always require them to sign a model release prior to commencing the photography session.

Minors cannot sign a release form themselves. If you’re photographing anyone under the age of 18, you must have a parent or legal guardian sign the release for them.

When do you need to obtain a model or property release? Songkran Party in Chiang Mai

It would be impossible to use this photo commercially because there are so many people and so much company branding in it. © Kevin Landwer-Johan

At times when photographing groups of people, I have had one or two who do not wish to sign a release. This is problematic as it limits the whole photo session. I have ended up excluding these people from most of the photos because potential use of them is very limited.

If you frequently photograph the same models, it’s best practice to have them sign a new release form each time you work with them. Having a signed model release that’s months or even a few days old can cause problems. Most stock photo agencies require releases for photos made on different days.

A witness also needs to sign the model release at the time the person you are photographing adds their signature. Improperly filled out release forms will be rejected.

When do you need to obtain a model or property release? Attractive Young Photographer

© Kevin Landwer-Johan

Once I even had a model release rejected by a stock agency because the form was in the wrong language. I had photographed this young woman in Thailand and had her fill out my standard model release form. She is a French citizen living in France. Because the address she gave showed that she lives in Paris, the release form had to be in the French language. Thankfully I was able to email her a copy in French which she signed, had someone witness and sent it back.

Conclusion

Obtaining model and property releases may seem like a big hassle if you are not used to the process. It is a necessary part of being a professional photographer, or even a keen amateur who wants to license photos for commercial usage.

You must be well organized. You need to communicate clearly your intentions and that you require a model release before you begin photographing. Don’t be lax and wait until later – later may be too late.

Property releases are generally much more difficult to come by unless you own the property.

Be bold. If you don’t ask, you won’t get it. Be methodical. Build release acquisition into your workflow. Keep good records, even photograph the person holding their signed release form. Once you have gathered a few signed releases the whole process will seem less daunting.

The post When Do You Need to Obtain a Model or Property Release? appeared first on Digital Photography School. It was authored by Kevin Landwer-Johan.


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How to Use the X-Rite ColorChecker Passport to Obtain Perfect Color

11 Feb

There are two ways you can approach color reproduction in photography. The first is to try and reproduce the colors of the subject as accurately as you can. If you take a photo of someone wearing a red sweater, then you want the photo of that sweater to have exactly the same shade of red as the real thing. The other way is to produce colors that are pleasing to the eye, rather than accurate.

The key point to understand here is that your camera isn’t designed to produce accurate colors, it is biased towards the second approach. The reason behind this is probably quite simple. Camera manufacturers want you to be happy with the photos that your camera produces, and that means tweaking colors so that they look more attractive.

ColorChecker Passport & Lightroom

The way your camera records color is determined by the color and white balance settings selected when you take the photo. This is especially true for JPEG files – if you use the Raw format you have the freedom to change those color settings when you process the file.

Each manufacturer has a different name for the setting used to control color. Canon calls it Picture Styles, Nikon – Picture Control, Sony – Creative Style, Pentax – Custom Image, Olympus – Picture Mode and Fujifilm – Film Simulation.

Let’s look at Canon’s Picture Styles as an example (I’m familiar with these as a long time Canon user). Their neutral and faithful Picture Styles are designed to give reasonably accurate colors, but the others aren’t. Portrait is designed to give good skin tones, landscape for strong greens and blues, and standard to make good reds. You will not achieve accurate color with the portrait, landscape or standard Picture Styles, but you may well end up with pleasing colors.

But what if you simply want accurate color? There are a number of reasons why you might want to do this.

  • When photographing something that needs to be recorded accurately, such as product shots for a commercial client.
  • When photographing flowers, where it is very difficult to tell if the colors are accurate.
  • To make sure that photos taken with two different cameras match as closely as possible.
  • To simply start with a photo that has accurate colors as the first step in post-processing, so you can decide in which direction to go, from a neutral starting point.

The X-Rite ColorChecker Passport

The truth is that if you want accurate color, then for the reasons mentioned above, you can’t rely on your camera’s settings – you need some outside assistance. That’s where the X-Rite ColorChecker Passport comes in. This relatively inexpensive device is simple to use, and just as importantly from the point of view of a Lightroom user, integrates neatly with Lightroom.

The X-Rite ColorChecker Passport itself is made of grey plastic, and opens up to display the color patches shown here.

ColorChecker Passport & Lightroom

The ColorChecker Passport is easy to use. Simply take a photo of the Passport in daylight (using the Raw format), convert it to DNG (use the Export option in Lightroom to do so) and drag the DNG file to the ColorChecker Passport software.

ColorChecker Passport & Lightroom

The software creates a profile, calibrated for your camera, and stores it along with the other profiles found in Lightroom’s Camera Calibration panel. You’ll need to restart Lightroom to see it, but once you have done so, you can apply that profile to any photo taken in daylight with that camera. The profile is also available in Photoshop’s ACR if you need it.

Note: The software also installs a Lightroom plug-in that you can use to create the profile by selecting the photo containing the ColorChecker Passport, going to File > Export and selecting the ColorChecker Passport preset.

ColorChecker Passport & Lightroom

The next two photos show the difference that using the calibrated profile can make. Both were created from the same Raw file. The first uses the Velvia camera profile specific to Fujifilm cameras. The second uses the Camera profile that I created using the ColorChecker Passport. This photo has the most accurate color, although it may not be as pleasing to the eye as the first, which uses a profile designed to make the photo look good.

ColorChecker Passport & Lightroom

ColorChecker Passport & Lightroom

Dual Illuminant Profile

You can also create a different type of profile called a Dual Illuminant Profile. To do so, you need two photos of the ColorChecker Passport taken with the same camera at the same ISO setting, but under different light sources. One should be daylight, and the best light source for the second one is probably tungsten. A Dual Illuminant Profile is more accurate as it takes into account the way sensors record light differently, under different light sources.

Using the ColorChecker Passport for White Balance

The final part of the color accuracy equation is white balance. You really shouldn’t rely on your camera’s auto white balance setting, as it can be misled by scenes that have more than average amounts of colors like red or blue in them.

The ColorChecker Passport is small enough to carry around with you just about everywhere. That means you can use it on location, to record colors accurately, and set white balance. The Passport also has another panel that you can use to take a white balance reading, and create a custom white balance setting on location.

ColorChecker Passport & Lightroom

Alternatively, you can take a photo of the Passport’s color swatches in the same light as the subject, and use it to create a new profile. Then, in Lightroom’s Develop module, you can use the White Balance Selector to click on the 18% grey swatch second from left on the bottom row (indicated below). This method ensures both accurate color (from the profile) and accurate white balance (from the 18% grey swatch).

ColorChecker Passport & Lightroom

Have you use a Coler Checker before? Please share your experiences and comments below.


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The post How to Use the X-Rite ColorChecker Passport to Obtain Perfect Color by Andrew S. Gibson appeared first on Digital Photography School.


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