Fact Checking Photo Releases
Scott H. Gloodt’s I'll Take the 18: The Story of Beech 18 Freight Flying has many amazing photographs of the Beech 18 airplane and the people who worked with it in the freight flying industry. When I first read the piece, I was struck by how well the photographs accompanied Scott’s account, but I was leery of the lack of information on permissions or releases. I lacked experience with copyright infringement, especially concerning the specifics of publishing photographs, so I investigated this on Scott’s behalf.
This is the text of a report that I sent to Scott regarding my investigation:
Regarding Photo Releases
Steve Bogdaniec
July 20, 2016
Hi Scott. I’ve had a problem finding information on the photo release issue because it turns out you may not need them. I have asked friends in the business of publishing (or on the fringes), and they didn’t think they were necessary. Here’s something I found on the Stanford University Libraries webpage “Personal Release Agreements”.
“You do not need a release if … You do not need a release to use a person’s name or image for informational purposes. An informational (or “editorial”) purpose is anything that informs, educates, or expresses opinions protected as freedom of speech. So if you have a section of your website such as “About Our Members” or you include the images in your nonprofit newsletter — for example, “Members Protest Disney World Mouse Exploitation” — then you wouldn’t need a release.”
I would think that your book is “informational.”
Specifically for photo releases, here’s the following from Rocket Lawyer’s page “When Photographers Need a Photo Release or Use of Likeness”:
“First off, remember that is a photo is newsworthy or will not be used to promote something, a use of likeness form or photo release is not necessary.”
You are not promoting anything—in fact, you are telling the story of something which is nearly extinct. The American Society of Media Photographers concurs with their page “Property and Model Releases”.
“Q: How do I know when I need a model release?
A: The answer to this question can be reached by asking a series of questions about the subject and the use of the photograph. A model release is needed from each person whose likeness appears in a photograph that is used for advertising or trade (business) purposes when the person is identifiable. Look at the photograph and the person(s) in it and ask these questions:
Could the person in the photograph be recognized by anyone? Be warned: It is very easy for a person to show in court that he or she is recognizable.
If the answer to question #1 is No, then you do not need a release.
Is the photograph to be used for an advertisement? (In law, “advertisement” is broadly defined.)
Is the photograph going to be used for commercial business purposes, like a brochure, calendar, poster, web site or other use that is intended to enhance a business interest?
If the answers to question #2 and question #3 are both No, then you do not need a release.”
Otherwise, the answer is that you do need a model release.”
That site claims roughly the same for property: will it be used to “enhance a business interest?” I think you are safe there as well.
After looking at this and speaking with friends, I do not believe you will have any issues with publishers regarding the photos you use. This is not a 100% guarantee, but it is my opinion having done research on the matter. So, it appears I was wrong for alerting you—sorry about that! Better safe than sorry, though.
Steve
Links:
Stanford University Libraries -- “Personal Release Agreements”
http://fairuse.stanford.edu/overview/releases/release-agreements/
Rocket Lawyer -- “When Photographers Need a Photo Release or Use of Likeness”
https://www.rocketlawyer.com/article/when-you-need-a-photo-release.rl
American Society of Media Photographers -- “When Photographers Need a Photo Release or Use of Likeness”
https://asmp.org/tutorials/frequently-asked-questions-about-releases.html