I know this may be a subtle distinction but I think it is an important one. As a photographer you do not need a release to sell any image to anyone. It is the end user who publishes the image that may or may not need a release to publish that image. It is up to them to know if they need a release or not. If another person to whom you sold an image uses that image in a way that infringes on the rights of another person you as the photographer is not liable. This is the case if you are only the photographer and not also the publisher.
There are many photographers out there that make a great living licensing their images without ever getting a release. There are others that get a release whenever they can. I don't see either as right or wrong but just one way out of many to do business. I say do whatever works for you.
Scott Sharick Photography
www.scottsharickphotography.com
www.scottsharickblog.com
www.flickr.com/photos/scottsharick/
On Jun 27, 2011, at 2:23 PM, Workingintheusa wrote:
> I did finally find this from a lawyer:
>
> You own the copyright to any image you have taken and you can use it for pretty much anything that doesn't come under the definition of "commercial purposes", which in general means advertising. For example you can sell the images to a newspaper or magazine for use in editorial content. Editorial content is pretty much Photographer's rights, Photography and the Law, anything that's not advertising. For commercial usage you need a signed release from anyone identifiable in the image, or in some cases for any identifiable private property. You can generally sell your images as art without a release. Of course exactly what constitutes "commercial use" has to be defined by a court, but generally if the use can't be somehow construed as advertising in some form, you're OK.
>
> Signed releases are only required for commercial (trade and advertising) use of photographs. Editorial, news and art usage generally requires no release from the subject, though some publication may requires them "just to be on the safe side.
>
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