Young Birder

Very cool shot Greg and i dont blame you. Very nice feeling im sure!!

robert.......

The future is in safe hands.

This brought a smile to my face......

Greg, I only wish I had begun birding at his age!! Cute shot!

You sure picked the right subject. Cute kid!!

Great to see kids with an interest.

A great editorial shot. Out of curiousity, did you have his parents permission to photograph him and then post those photographs on the internet? I'm not sure I'm comfortable with this if you didn't ask...
Matt

mhp767 wrote:A great editorial shot. Out of curiousity, did you have his parents permission to photograph him and then post those photographs on the internet? I'm not sure I'm comfortable with this if you didn't ask...
Matt

Thanks for the concern, but no I did not get permission.

There has been a lot of discussion on this sort of thing over the years and this is what I get from it all:

The image was taken in a public place and my understanding is that, as long as the image does not show someone in a misleading way, I am free to post the picture on public domain, sell it to a magazine, or do anything with it that cannot be construed as an illegal activity. I posted the photo with this beleif.

If the image is used for advertising then a model release would be needed. My understanding is that this is true for both minors and adults.

If anyone has information or resources that are contradictory to the above I would appreciate the input and also gladly remove the photo from this site, if it is indeed inappropriate.

No model release is required for this as it is not posted in a commercial manner, was taken in a public place, etc. Greg could never use this photo for any kind of compensation or use it in any kind of advertising but this use is within the law as I understand it.

Greg, I love this photo!!!

E.J. Peiker wrote:No model release is required for this as it is not posted in a commercial manner, was taken in a public place, etc. Greg could never use this photo for any kind of compensation or use it in any kind of advertising but this use is within the law as I understand it.

Greg, I love this photo!!!

E.J., Why could I not be compensated for the use of this photo in any editorial manner? For instance if Birder's World wants to use it for an article about young birders. My understanding is that if it is not used for advertising, but rather for editorial then there is no model release needed (and I can be compensated). I know lots of photographers who make money on these sorts of photos without any permission or model release.

Greg Downing wrote: E.J., Why could I not be compensated for the use of this photo in any editorial manner? For instance if Birder's World wants to use it for an article about young birders. My understanding is that if it is not used for advertising, but rather for editorial then there is no model release needed (and I can be compensated). I know lots of photographers who make money on these sorts of photos without any permission or model release.

As I understand it, that is only legal for use in a newspaper or news magazine. If you are getting paid for the use of the photo in say Birder's World, you are realizing commercial gain (i.e. you are being paid for the photo and thereby your photo business or you personally are realizing a commercial gain) which required a model release.

Here is a site that explains it...
http://www.baja.com/sensuousline/sline0 ... ases.shtml

E.J., I have always been told (by pros who sell these photos all the time) that editorial and fine art are excluded from the requirements of model releases, under the conditions which I described before. I do not know Michael Fulks' credentials, but the article you linked to is the first I have ever seen otherwise. That being said, I guess it's better to be safe than sorry. P.S. aren't newspaper photographers also making money?

That is a very cute photo! It definitely brought a smile to my face!

Greg you are right, you do not need a release to sell this for editorial use whether it is used in a newspaper, Birders World or People Magazine. The paparazzi would be out of business if this were to ever change.

Well that article is an excerpt from The Photographer's Business and Legal Handbook by Leonard Duboff and acording to this, it is a violation to sell the image. I would definitely rather err on the safe side.

E.J. Peiker wrote:I would definitely rather err on the safe side.

Yeah, especially with minors. I have never felt comfortable selling unreleased images of minors.