Hello. I've just discovered this site and think it's fabulous! I am developing a pet care/photography business and wanted to find out if anyone knows the legalities of when you need a release from an owner and when you don't. For instance, If I'm photographing a pet at the owner's request; if I take a photo of a dog on the street or at a dog park if I intend to use the photo on a website/brochure/porfolio to show the work I'm capable of?

Thanks for any help and I'll be reading all of your posts as I have a lot to learn!

Crystal

If it's not your pet, and you plan to use it for your business, get a release. I show shots to some clients that dont have releases, but I dont think it's wise and I would never display one with out the owners okay, in the form of a written release. . .

Thank you for your reply. In your experience, are most people willing to sign some sort of agreement? Do you use a "short form" so it doesn't take forever to get approval for someone's photo at a dog park, etc.?

" For instance, If I'm photographing a pet at the owner's request; if I take a photo of a dog on the street or at a dog park if I intend to use the photo on a website/brochure/porfolio to show the work I'm capable of?"

Hi Crystal,

Welcome to NWP. I am always happy to see new faces here. As to your question about releases, as I understand it, technically you are not required to get a release when you photograph pets. Now (caveat emptor), I am NOT an attorney, so use this information at your own risk.

The only time a release is necessary is when the pet has some distinguishing mark that sets him/her apart from all other creatures - giving them something that is inherently unique. In short, unless there is something that would allow 'Herman' to be set apart from any other 100 golden retrievers (or pick your breed), there is no need for a release.

Releases to use photographs definitely become nescessary when you start including human beings in your photographs.

" but I dont think it's wise and I would never display one with out the owners okay, in the form of a written release. . . "

I will agree with Tony that I think that it generally makes sense to 'cover thy hind most end' when possible when displaying your work - or selling it. It has been my experience that it is not hard to get a release from most folks.

Cheers,
James

Since the pets belong to somebody, then I would use a property release on the pets and if a human is in the photo, then use a model release for the person.

A great idea is a simple release on the back of a business card-

I get a release, 100% of the time, saying that I can use the images commercially without compensation to the owner! [There are a couple of exceptions, the big one being if people are also in the picture.)
BTW, as a policy, I do split income from greeting card royalties with the client. Not 50/50, but in any case, they end up with a profit even after buying prints.

I always thought one didn't need a formal release unless it was an image of a person. But I do feel that having a release/permission/agreement with the animal's owner is the ethical thing to do and can save dramas later. I am particularly conscious of this because I have photographed alot of show dogs and show people can be (understandably) particular about the types of images they want shown of their dogs.

OK, my question is how to you present the release?? People are so weird about stuff like that. I am such a wuss, I don't know how to go about getting a release.

Do you have an example of one that isn't intimidating?

I'm interested in this topic too I have heard a lot of different ideas. What I have been told the majority of the time is some of what has been said here, if it's in a public place and not a famous animal and isn't strikingly unique, you don't need a release...but I have no idea if that really is the rules. I'd like to see a sample of a release too, thanks for bringing up this topic!