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Old Mar 14, 2007, 7:58 AM   #1
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The big St. Pat's day parade will take place this Saturday here in NYC. There will also be a anti-war rally on Sunday. I have an opportuninty to submit photos I take at these events to both news media and stock photo houses. If I photograph crowd scenes or guys playing bag pipes or carrying picket signs where faces would be visible and recognizable would I need a model release inorder to sell these photos?It's pretty hard to go up to guy in kilts marching up Fifth Avenue and ask him to sign a release. I'm sure photogs for Daily News and New York Times don't get releases for every picture they take at a parade.
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Old Mar 14, 2007, 9:06 AM   #2
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you don't need a model release for media purposes. So you're OK with submitting your photos to news media. But, by the same token - depending on the shot, newspapers like names. So if you had a close up on a bagpiper for instance - chances are the paper wouldn't run it without the name. More general shots probably not. So keep that in mind when you select your shots - if you want cool close ups be prepared to find out their name

Stock photo sales would be different. In theory anyone can buy a stock photo so the photo could be used for advertisement. In which case I would think model releases would be required. For the stock issue, you may want to check with the agency you're planning on doing work with. They should be able to specify their policy.
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Old Mar 14, 2007, 9:14 AM   #3
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You will need a release if selling for commercial use. You can sell to a newspaper without a release. Any time you will make money $$$ off of someones image you need a release. That goes for private property as well. (such as a house, pet, car etc.)

A news agency can use a photo without a release if the picture is a part of the event being covered. If doing a portrait to go with the story I always got a release in case I ever wanted to use the photo later for My personal commercial use.

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Old Mar 14, 2007, 2:08 PM   #4
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Good info. I've been wondering about this myself. Ronny, your answer seems contradictory, but I am likely just misunderstanding it.
You say:
"You can sell to a newspaper without a release."
And then:
"Any time you will make money $$$ off of someones image you need a release."

But, if you sell the photo to a newspaper, aren't you making money off of it?
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Old Mar 14, 2007, 2:26 PM   #5
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Photos sold to stock photo houses are usually used for advertising. A person or group in an advertising photo could demand compensation. Therefore the photo would normally require a release.

A person or group marching in a parade would have no expectation of privacy as far as the photo appearing in a newspaper.

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Old Mar 14, 2007, 2:59 PM   #6
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When selling a photo to a news agency you are considered an agent for that venue. The news agency can't use the photo for commercial use. The photo has to correspond to the written story or caption.

An agent for a news agency is usually called a Stringer.

Ronnie,

A news agency will not re-sell the Image to any advertising agency but can sell it to another news agency such as AP.

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Old Mar 15, 2007, 7:26 AM   #7
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I checked with my stock photo house. They will accept photos without a release as long as the photos are submitted as being "editorial". This means that the subscribers who might want to use these photos do so with the understanding that they are to be used for non commercial use only.
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