Photography portfolio - use in a kickstarter video

[hbutt]

What is the name of your state (only U.S. law)? New Jersey

I'm a photographer living in New Jersey and do most of my work (99% of it) in Manhattan. I'm creating a kickstarter campaign to that'll need to showcase my work. The work is primarily focused around headshots and is used to showcase my portfolio. I've been looking around the internet and I sort've feel like I'm in the clear, as the photos of the individuals in the video are strictly for portfolio purposes, but I just wanted to check with you guys on the matter.

Thanks so much
Joe

 

[quincy]

What is the name of your state (only U.S. law)? New Jersey

I'm a photographer living in New Jersey and do most of my work (99% of it) in Manhattan. I'm creating a kickstarter campaign to that'll need to showcase my work. The work is primarily focused around headshots and is used to showcase my portfolio. I've been looking around the internet and I sort've feel like I'm in the clear, as the photos of the individuals in the video are strictly for portfolio purposes, but I just wanted to check with you guys on the matter.

Thanks so much
Joe

You have given up on your parody idea?

Whenever you are photographing identifiable individuals, you risk having those individuals object to your use of their images. I recommend you get "model releases" signed by the people you plan to picture on your site, prior to thoughts of publishing the photos.

 

[hbutt]

You have given up on your parody idea?

Whenever you are photographing identifiable individuals, you risk having those individuals object to your use of their images. I recommend you get "model releases" signed by the people you plan to picture on your site, prior to thoughts of publishing the photos.

Yeah the parody idea I gave up awhile ago as I didn't really see it as worth the hassle. This I'm in the stages however of actuating and going through the stages. As far as model releases are concerned, they are needed for commercial purposes, it's true, but for portfolio demonstrations have proven time and again to not be a strict requirement and fall heavily under fair use. A portfolio demonstrates a clear separation between the subject and the product and demarcates more than adequately any endorsement the model would have for the photographer. I'm not concerned in the slightest with those found within my portfolio.

My primary concern is that I'm putting together a video for kickstarter and was hoping to show some fullscreen slides of my work. Given that kickstarter is commercial in nature, this part I remain uncertain of. I'm thinking of printing the photos and showing them in the video that way, as a workaround. After all, there's nothing wrong with me having photos of my own work in my home. I'd rather use the fullscreen slides, and still feel confident it falls under fair use, but I may print them out.

Thanks for the reply
Joe

 

[quincy]

Yeah the parody idea I gave up awhile ago as I didn't really see it as worth the hassle.

Here, for the benefit of others, is your earlier thread on parodies: https://forum.freeadvice.com/libel-slander-defamation-88/parody-site-famous-person-622751.html

This I'm in the stages however of actuating and going through the stages. As far as model releases are concerned, they are needed for commercial purposes, it's true, but for portfolio demonstrations have proven time and again to not be a strict requirement and fall heavily under fair use. A portfolio demonstrates a clear separation between the subject and the product and demarcates more than adequately any endorsement the model would have for the photographer. I'm not concerned in the slightest with those found within my portfolio.

You are intending to use the images to raise money. This can be viewed as a commercial use. I recommend again that you get signed model releases.

My primary concern is that I'm putting together a video for kickstarter and was hoping to show some fullscreen slides of my work. Given that kickstarter is commercial in nature, this part I remain uncertain of. I'm thinking of printing the photos and showing them in the video that way, as a workaround. After all, there's nothing wrong with me having photos of my own work in my home. I'd rather use the fullscreen slides, and still feel confident it falls under fair use, but I may print them out.

Fair use is an affirmative defense to copyright infringement. It is not a defense to a privacy rights/publicity rights action.

Here is a link to the American Society of Media Photographers, New Jersey Property and Model Releases: http://www.asmp-nj.org/tutorials/property-and-model-releases.html

Here is a link to the Digital Media Law Project, New Jersey Right of Publicity Law: http://www.dmlp.org/legal-guide/new-jersey-right-publicity-law