# Do I need model & property permission releases on my website?



## swordphish (Apr 11, 2011)

Hi all this is my forst thread, hopefully someone can help me? I have just created a website for photographers and digital artists to list their photos and images on our site free of charge. In return the photographers and artists get a free profile page with a weblink to their own website. We are not selling any of the images.. it is simply a place where artists can promote their own work. Our intention is to place affiliate ads on each web page based on the tags and content on the web page where the images are. Each image will have one unique title i.e. if the picture is of a lake then the image will be listed on a dedicated page called lake. As a result the affiliate ads on the page will be relevant to the page title i.e. 'boat' and the ads will follow suit.

Do I need permission releases to do this? and if so do I need copies of the permission releases from the photographers listing the images? or do they just have to declare on our site that permission releases are in place?

I would greatly appreciate if anyone can help me on this.. thanks in advance!!


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## KmH (Apr 12, 2011)

Consult with an qualified attorney.

What country is Queenstown in?


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## CCericola (Apr 12, 2011)

You will have to consult a lawyer on this one.


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## swordphish (Apr 12, 2011)

hi, Queenstown is in New Zealand, however the website and business in based in the uK. The site will operate worldwide.. thanks


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## orljustin (Apr 13, 2011)

swordphish said:


> hi, Queenstown is in New Zealand, however the website and business in based in the uK. The site will operate worldwide.. thanks



Really, worldwide?  You mean like on the internet?  LOL...  Seriously, why waste the time?  There are a zillion sites to host photos out there.

And no, you don't need releases in all likelihood.  Do you want to add responsibility for private information to your venture?


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## swordphish (Apr 13, 2011)

Hi and thank you for your comments. Yes there are zillions of sites for posting images, however very few of them bring something totally new to the table. Some things just have to be done even if the odds are against us.. where would we all be otherwise? 

When you say add responsibility for private information what exactly do you mean?


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## vtf (Apr 13, 2011)

This is a deja-vue post. I swear I've seen these asked before. Seek an attorney.


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## orljustin (Apr 13, 2011)

swordphish said:


> Hi and thank you for your comments. Yes there are zillions of sites for posting images, however very few of them bring something totally new to the table. Some things just have to be done even if the odds are against us.. where would we all be otherwise?
> 
> When you say add responsibility for private information what exactly do you mean?


 
What could you possibly be doing that is something "totally new"?

I mean, if you are willing to hold model releases, including people's information and signature, then you are responsible, in some areas, very very legally, for it.


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## swordphish (Apr 13, 2011)

Now that would be telling wouldn't it  especially before the site launches. As suggested we are currently taking legal advice from a solicitor regarding permission releases.. the frustrating thing about all of this is that no-one really seems to know for sure. Re private information (data).. we would rather steer clear of this however if necessary we'll put relevant security measures in place.

Hopefully you are correct in that it is unlikely that we need permission releases in place as we are not selling images or using images to directly advertise specific products. Ads on our site are generated automatically as a result of tags and content. Once my solicitor gives us a definitive answer (if there is such a thing) we can decide security levels for data etc.

Again.. thanks for you assistance


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## KmH (Apr 14, 2011)

Here in the US, it's the *publisher* of an image that needs the release.


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## bennielou (Apr 14, 2011)

This needs to be in your contract.  My contract allows me to publish EVERYTHING.


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## swordphish (Apr 14, 2011)

Hi guys.. thanks for the comments. bennielou.. are you saying as long as our site T&C's cover us then we can publish the images as long as the the artists aree to the T&C's?


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