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JANUARY 16th, 2008: Photo Tip: Commercial vs. Editorial

January 16, 2008 4:50 PM

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January 16, 2008
The Right Way to Travel, Weekly Photo Tip
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COMMERCIAL VS. EDITORIAL: WHAT YOU NEED TO KNOW ABOUT MODEL RELEASES
By Shelly Perry in Portland, OR

If you've been reading this e-letter for any length of time, you've probably heard the term "model release."

And so you probably know that, in some cases, you need one if you want to sell your "people" photos.

But knowing when, exactly, a release is required -- that can be confusing. Today, I want to clarify it for you.

First, let's brush up on what, exactly, a model release is.

A model release is a standard-practice legal document. It gives a photographer permission to use or sell an image when the people in that image are clearly recognizable. It's a paper signed by the photographer, her "models" (or a legal guardian if a minor is in the photo), and a witness.

(If you have lots of people in your shot -- a large crowd, perhaps -- you'll need a signed release from each person.)

The law requires you to have such a release when:

** You sell or use the image for commercial purposes, like in advertising.
** You submit your image for sale in stock agencies, like iStockphoto.com.

Many times, however, you DON'T need a model release to sell your photos. Generally speaking, it's when they're being used to support "editorial."

Say, for instance, you take a picture in a public place of a newsworthy event. The majority of newspapers and magazines can buy it from you and publish it without a model release.

In fact, virtually all magazines and newspapers buy and use...

(continued below...)

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http://www.thephotographerslife.com/austin

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photos for "editorial purposes" without a model release.

Say you're traveling in Paris and take a shot of people sitting in a café. You could sell that shot to a magazine, along with your article about the best cafes in Le Marais, without securing a model release from each person.

(That said, a handful of publications out there DO require releases for photos accompanying stories. Be sure to check the writers' and photographers' guidelines before you submit your photos.)

Bottom line: Whether you're taking photos to sell along with an article you've written, or you just want to sell the photos by themselves to magazines or newspapers, chances are you DON'T need a model release.

One online market where you can sell your photos without a model release is Scoopt.com, a site that specializes in news-type imagery. Harnessing the power of citizen journalism, it functions in much the same way online stock agencies do.

We'll tell you more about Scoopt.com tomorrow in our featured publication.

And speaking of featured publications, Travel Post Monthly will be posting an all-photo issue for the month of February.

If you have between one and five photos that tell a story about (or show a unique angle of) your town or any other place you've been, send them to Travel Post Monthly for next month's issue.

You'll find the photographers' guidelines and the submission form here: http://www.travelpostmonthly.com/photographers_guidelines/

ENTER TO WIN!

This month's photo challenge theme is Passages and Doorways. If you have a picture to submit, log on to our website and click on the Enter to Win tab. (Note: First-time users need to register on the "register" link on the right side bar first. Once you have a username and password, click "Enter to Win" to upload your photo. We'll only consider one photo per applicant. No purchase necessary to register.)

Photos are due by 8:00 a.m. EST, Monday, January 29, 2008.

[ABOUT THE AUTHOR: Shelly Perry from Portland, Oregon, specializes in people photography, what she calls documentary or lifestyle portraits. She is known especially for her imaging of children. Shelly's concern for people is reflected both in her sense of purpose and the images she produces. Her images have been seen all over the globe on music CD covers, books, magazines, catalogues, web sites, ad campaigns and even on TV. Her work has also appeared in several local exhibits and gallery shows.
To meet Shelly in person, visit: http://www.thephotographerslife.com/austin]

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The Right Way to Travel is a FREE newsletter from the American Writers & Artists Inc., available to AWAI members and friends.

This newsletter is coming to you because you are either a member of The Ultimate Travel Writer's Program or Turn Your Pictures into Cash, or you have opted to receive information about getting paid to travel from the AWAI Travel Division.

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