A Digital Photographer＇s Guide to Model Releases: Making the Best Business Decisions with Your Photos of People, Places and Things数字摄影师肖像使用授权指南：最佳商业决策与人、地、物摄影

作者： Dan Heller著

出 版 社：

出版时间： 2008-3-1字数：版次：页数： 279印刷时间： 2008/03/01开本： 16开印次：纸张： 铜版纸I S B N ： 9780470228562包装： 平装内容简介

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。

Looking to sell your photos？ First，take this quiz!

•Do I need a release for a photo of someone I took in public？

•Should I get a release even if the person is unrecognizable？

•Is a release necessary if I make a profit selling a photo of a person？

•Do I need releases for photos of buildings？

•Are releases necessary for pictures of people from other countries？

•I took a lot of pictures as a hobby，and now I want to sell them。Do I need releases for all my people pictures？

•If I have no plans for a photo when I take it，should I get a release anyway？

•Does it make a difference if the subject was paid to be in the picture？

Give yourself one point for "Yes," and two points for “No”In fact，make it three points。If you scored higher than zero，you have a lot to learn about model releases，because you can’t answer these questions without more information。How will the photo be used？ By whom？ Can the subject be associated with an idea，product，or service？ Until you know that，the question of releases can’t be answered。

As the photographer，you need to understand your buyer’s concerns in order to make savvy decisions about how you market your photos and to whom。Here’s how to make money from all your photos，whether or not they have releases，by understanding the business aspects of the law。

作者简介：

Dan Heller is a freelance photographer based in Marin County，California．He is often on assignment，shooting images for adventure travel companies who use his work in their promotional materials．When he’S not traipsing across continents，he taps this great body 0f work to create fine art prints，and to relicense photos for commercial and editorial uses，as part of his stock photography business．

Dan honed his photographic skills from years of taking pictures while on vacation．It was his decision to post those vacation photos on his Web site that sparked a growing business，generating sales and transforming his hobby into a career．

Dan has since become a photo industry analyst，who writes about trends and developments that shape the future of the business，both from an individual photographer’S perspective and from the broader industry view．He is also a business consultant for companies entering or investing in the stock photography industry．You can read his blog on the subject at http：//danhelleLblogspot．corn

目录

INTRODUCTION：

HOW WE GOT HERE

PART 1：EVERYONE’S DOlNG ITSO WHAT’S WRONG7。

Preempting Misinformation

HOW to Think About Model Releases

Hey,You’re Not a Lawyer

Remember：It’S Just Business

Working with Your Clients’Lawyers

PART 2：WHAT’S A MODEL RELEASE?

Getting on the Same Page

Who is Responsible7

Litigation in a Nutshell

Minimizing Your Involvement

The Licensee’S Responsibility

How was the Image Acquired7

Was the Release Status Understood？

The Practical Approach

The Role of Ethics

War Stories from the Muddy Middle

When the Best Intentions GO Awry

Pav the Quarter to Avoid the Parking Ticket

The Bottom Line in Business

PART 3：UNDERSTANDING“USE

Defining“Publishing

Understanding Commercial Use

Understandjng Editorial Use

Satire and Humor

Artwork

Blurred Lines

The Perils of Publicizing

Self—Publishing and Self—Promotion

PART 4：ANALYZING THE NEED FOR A MODEL RELEASE

Risk Analysis：The Three Key Questions。

How is the Photo to be Used

Is the Subject Clearly Recognizable

HOW Did You Take the Picture

Model Releases and Compensation

PART 5：DISSECTING A MODEL RELEASE

Contract Authorship and the Spectrum of Risk

Your Own Model Release

Boilerplates Gone Bad

A Simple Sample Model Release

Revising a Release

Considerations for Editorial Uses

PART 6：DEALING WITH PHOTOS OF PROPERTY

Understanding Copyrights

Copyrights Protect Expression

When Being Inspired Is Not Copying

Establishing Copyright

Understanding Trademarks

Trademarks Protect Identity

Limits to Trademark Protection

PART7：THE BUSINESS OF LICENSING

INDEX