Model release calrification

[chrisga]

Could any pro photographers help with some advice please.

I enjoy taking pictures and usually have my camera with me when out walking the dogs. Now I would not class myself as a good photographer but have been contacted through flickr by a company wishing to purchase an image for use on a jovial greetings card a la moonpig (but not them).

The dilemma I have is that it is a picture of a couple of sailing boats on a lake, taken from a public footpath around the edge of the lake. I don't know the people who are in the photograph. You cannot clearly see their faces and the company in question has said they will remove boat names and sail numbers from the photograph before use. However, if you were in the boats or even sail at that sailing club you would know who the people are.

So my question is, if i sell this photograph for use on a card is the onus on me to provide a model release or, as it's not me actually publishing, is the risk on the card firm? Is there in fact any risk? Am i being overly cautious?

I can't really find out who the people are easily or quickly. The money isnt a huge amount, but as always it would be welcome! Should I decline, or am I safe to sell with no comeback?

[wendyg]

I'm completely not a pro, and I'm sure someone will be along shortly with a definitive answer, but I think you'd be fine. Image taken in a public place, people not easy to identify, and the image not planned to be used in a "Sailors, they're all meth addicted paedophiles" campaign.

As a goodwill, get in touch with the club and offer a copy of a print perhaps?

I think most people would actually be a bit chuffed that a picture of them might end up on a greeting card, as long as there is nothing derogatory.

Some of the pro's might also give you useful advice on what sort of rights to release, or not.

Edited by wendyg on Monday 17th September 23:04

[RobDickinson]

Gettys usual practice is if you or they can identify themselves and they are a significant part of the image then you need a release.

But saying that I have taken/listed with getty shots with many people in and Getty have had me blur faces (which are all unidentifiable at web size).

I would go for it but make sure the company doing the cards is liable for any lawsuits!

[chrisga]

That's the bit I'm unsure about. As far as I understand it the publisher needs the model release, and it wouldn't be me publishing the photograph - is that correct? However I am unsure about where I stand as I'd be selling it to the publisher and hence would have made money from it.