QUESTION
What are the requirements so I can release photos of other people for my business?
Asked on Oct 08th, 2013 on Entertainment Law - California
More details to this question:
I am going to start selling "tribute video"s as a business. My market will be legacy-type tributes for funerals and memorials, also 4-5 minute "slideshows" to be shown during receptions at weddings. My question is, I have a couple of sample DVD's I've done for free. Do I need to get a release from the people in the photos? Some aren't alive. The samples are at a website that hosts your personal work. What do I need to do?
4 ANSWERS
Theodore M. Roe
You need model releases from people in the videos or photos and also releases from the personal representative/trustee for deceased persons who are depicted.
Answered on Oct 09th, 2013 at 4:59 PM
Yes, you need to get a signed release from every living person who appears in your videos. The exception would be if you used your own family photos that you already own and/or have rights to. Use of photos featuring deceased persons is less of an issue unless the deceased is famous and an estate or trust controls use of his or her likeness, such as Elvis Presley.
Answered on Oct 09th, 2013 at 3:04 PM
3 Awards
You are going to need both releases of publicity rights of the people photographed in your work, and releases from the people who hold the copyright in photos that you have reused. They may not be the same, and it will probably be time-consuming, but you need to come up with releases for all your work anyway.
Answered on Oct 09th, 2013 at 12:24 PM
This answer does not mean I am your lawyer. No attorney-client relationship exists. This response is for general information only.
Susan Marie Basko
Legally, you should get a well-written release signed by each person in the photos or by the representative of their estate.
Answered on Oct 09th, 2013 at 12:24 PM