release forms for using someone else's photo

[flyinjam]

Hi everyone,

I was wondering if anyone can help with the following query. I'm aware of how photo release forms work for the copyright of images I have taken myself of people. But how would these work for photos that people send me, that they have taken, to put up on a website that I own and run? For example, say I own a website that has pictures of dogs and their owners, and someone sends me a photo of themselves with their dog to use on the website. Would I need a form similar to a photo release form that says i'm aloud to use their photo for my website and social media?

Also, let's say they wrote a small paragraph to go with the photo, but the grammar and sentence structure was pretty bad. I would need to shift a few things round and maybe add a few words to make it more readable, so could I also mention this somewhere on some sort of release form, saying that your submitted text may be amended?

Any help is greatly appreciated.

Thanks

 

[quincy]

Hi everyone,

I was wondering if anyone can help with the following query. I'm aware of how photo release forms work for the copyright of images I have taken myself of people. But how would these work for photos that people send me, that they have taken, to put up on a website that I own and run? For example, say I own a website that has pictures of dogs and their owners, and someone sends me a photo of themselves with their dog to use on the website. Would I need a form similar to a photo release form that says i'm aloud to use their photo for my website and social media?

Also, let's say they wrote a small paragraph to go with the photo, but the grammar and sentence structure was pretty bad. I would need to shift a few things round and maybe add a few words to make it more readable, so could I also mention this somewhere on some sort of release form, saying that your submitted text may be amended?

Any help is greatly appreciated.

Thanks

What is the name of your state or, if not in the US, what is the name of your country?

The answer to your question depends in part on how your website is set up.

You can review the terms and conditions of this site to get an idea of how you can obtain a license for the non-exclusive rights to any content submitted to your site, both text and photos. This relieves you of the need to complicate matters by having all content-providers sign release forms.

What terms and conditions that include a non-exclusive license to use what is submitted will allow for, if worded properly, is the right for you to use all submissions as you want (including the right to edit content). It will provide you with the rights to the works. But, with non-exclusive rights, the one who created the material and is submitting the material to your site will also retain all of their rights to the submissions. In other words, you share rights to the works.

You will want to have an attorney draft your site's terms and conditions, and IP rights provisions, so that you do not find yourself facing any infringement suit in the future.

Good luck.

 

[flyinjam]

What is the name of your state or, if not in the US, what is the name of your country?

The answer to your question depends in part on how your website is set up.

You can review the terms and conditions of this site to get an idea of how you can obtain a license for the non-exclusive rights to any content submitted to your site, both text and photos. This relieves you of the need to complicate matters by having all content-providers sign release forms.

What terms and conditions that include a non-exclusive license to use what is submitted will allow for, if worded properly, is the right for you to use all submissions as you want (including the right to edit content). It will provide you with the rights to the works. But, with non-exclusive rights, the one who created the material and is submitting the material to your site will also retain all of their rights to the submissions. In other words, you share rights to the works.

You will want to have an attorney draft your site's terms and conditions, and IP rights provisions, so that you do not find yourself facing any infringement suit in the future.

Good luck.

Thanks Quincy, I really appreciate the advice.

I also took a look at the T & C's of this site as suggested, as well as other sites, which helped clear a few things up. I was also thinking of having some sort of form for people to send me with pictures attached, which I could then use on the website. If, for example, I use a form builder like typeform.com, and put a disclaimer on the form such as 'By submitting this form you agree to grant non-exclusive rights of your photo to (company name), etc, etc, would this also be able to count as a release form of sorts? Obviously, like you suggest, I would get the wording drafted by an attorney to make sure all is covered.

Thanks

 

[quincy]

Thanks Quincy, I really appreciate the advice.

I also took a look at the T & C's of this site as suggested, as well as other sites, which helped clear a few things up. I was also thinking of having some sort of form for people to send me with pictures attached, which I could then use on the website. If, for example, I use a form builder like typeform.com, and put a disclaimer on the form such as 'By submitting this form you agree to grant non-exclusive rights of your photo to (company name), etc, etc, would this also be able to count as a release form of sorts? Obviously, like you suggest, I would get the wording drafted by an attorney to make sure all is covered.

Thanks

Sure. Release forms of the type you suggest could work if worded properly. I do think it is smart to have an IP attorney either draft the form or review the form prior to use, though, to make sure you are adequately protected.

Again, what you want really depends on your website and your needs.

For a website such as this one, that receives hundreds of submissions daily, it would not be practicable to have everyone submit release forms before posting. A license to FreeAdvice is therefore granted by a poster to FA when the poster registers. But, if your site does not have much traffic (or many submissions, at any rate), individual release forms can work in the same way as the Terms and Conditions of this site do. Using both for your site would provide additional protection.

 

[flyinjam]

Sure. Release forms of the type you suggest could work if worded properly. I do think it is smart to have an IP attorney either draft the form or review the form prior to use, though, to make sure you are adequately protected.

Again, what you want really depends on your website and your needs.

For a website such as this one, that receives hundreds of submissions daily, it would not be practicable to have everyone submit release forms before posting. A license to FreeAdvice is therefore granted by a poster to FA when the poster registers. But, if your site does not have much traffic (or many submissions, at any rate), individual release forms can work in the same way as the Terms and Conditions of this site do. Using both for your site would provide additional protection.

That's great, thanks again for your help Quincy.

 

[quincy]

That's great, thanks again for your help Quincy.

You're welcome, flyinjam.

And thank you for the thanks. They are appreciated.

Good luck with your website.