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How to Approach Strangers and Ask for That Model Release

April 13, 2010 Business, Legal 11 Comments

Written by: Charlie Borland

Have you ever been in the field photographing some great landscapes when you discover a person in your scene? Maybe your first thought was wishing they would hurry up and move and you contemplate asking them to do just that. But as you watch them you realize that what they are doing makes for a great shot and you begin shooting.

Later as you edit your images you realize that these are marketable images but you also realize that you can’t sell them without model releases. But now that you are back in the office, the chance to ask for and obtain a release may be too late.

You may be asking yourself: If only you had the nerve to ask for the release in the first place you wouldn’t be in this predicament. However, it is not easy to ask a stranger to sign a legal document and especially if you are shy by nature. Here are some ways to handle those situations.

In this post last week I discussed the reasons for needing releases and there are many. An unreleased image used without permission can cost you in many ways from lack of sales to a civil judgment. You have to learn to ask for one.

What People Fear from You

When you ask if you can photograph someone you came across and they say no, it could be because you caught them at a time that they felt they did not look good or their clothes were dirty or hair messy and they can’t imagine that you could possibly take a good picture of them.

It might be these reasons that you wanted to take their picture in the first place, because of how they looked and you know it will make a good shot.

They may also say no because of trust, they don’t trust your intentions. Trust is important in our lives every day. Why should they trust you?

Start by telling them why you want their picture and what your intention is. “You look really cool standing against those rocks as the sun rises.” Or “You are fishing right in front of that waterfall and your presence gives a really good sense of scale.”

Don’t tell them you are shooting for National Geographic, unless you are.

Tell the truth! If you say you are shooting a story for Life or National Geographic and you are not, you may later have to prove it.

Instead tell them that you are working on your portfolio and they could really help you. Explain that once you have enough material you will present your portfolio to these magazines.

Continue to explain that if you succeed in earning assignments from any of these magazines that you really will have to approach strangers and ask if you can photograph them and for a release because you are working on a real story. Mention you are practicing on them and say it with a laugh.

Many people when they understand that you are asking for help will agree, especially when you offer to send them a color print, “saying thanks” for their willingness. Mention as well that you will stay in touch if anything gets published.

yellowstonefisherman 300x200 How to Approach Strangers and Ask for That Model Release

Yellowstone River

This fisherman was fishing in the Yellowstone River, in the fog, when I spotted him and stated shooting. He noticed me and asked “How he looked?” I said “great, can I photograph you?” He said yes and eventually wandered over to the bank where I asked for a release in exchange for a print and he gladly agreed. He then gave me his card and said if I ever went to South Florida and wanted to shoot fishing down there to let him now. He was a fishing guide.

If I see someone in a great spot I always shoot a couple shots first before they see me and then approach to inquire. If they look at me I will ask if I can photograph them and then offer to show them the pictures when they are done. Sometime this requires patience if they are doing something and you don’t want to interrupt.

If they agree, go to town and shoot everything you can think of while they are doing their activity. Occasionally they are enjoying it and you can ask them to pose differently or cast that fishing line towards you.

fisherman waterfall 5mgjpg107 How to Approach Strangers and Ask for That Model Release

Fishing

I had hiked in to photograph this waterfall when upon arriving found this fisherman there and immediately started shooting. Shortly thereafter I walked up and said “Hi” and explained how great he looked and could I send him a print for a release. He complied.

Make it fun and engaging and tell them that they look really cool and keep shooting. At some point you will be done and here you always approach and offer to show them the pictures. If they like them, here is a good time to offer a color print in exchange for a release. And give them a business card so they always know they can find you. This is reassurance that you are being up front with them.

windsurfing How to Approach Strangers and Ask for That Model Release

Columbia River Gorge

I went up to the Columbia River Gorge to shoot windsurfing and when I first got there I sat down and observed who was doing the coolest action style surfing; jumping and getting air. When this guy came in for a break I went over and struck up a conversation. I explained what I was doing and asked if I could photograph him and get a release. He not only said yes, but also asked me to shoot some particular moves he wanted to do because he was looking for professional sponsorship and needed images. I agreed to make him half dozen prints and in exchange he really pushed his limits with the windsurfing action. This also resulted in a relationship where he called often to say what he was going to be doing and can I come and photograph it? You cannot ask for more!

utah capitolreef panoramapoint borland1009 5187 How to Approach Strangers and Ask for That Model Release

Man on Rock

This image taken last fall while I was conducting a workshop in Capitol Reef NP with Brenda Tharp. As we were photography the fading light on the Henry Mountains, this cowboy came and stood on the rocks and was silhouetted nicely against the sky. Once I spotted it and said something to our group, everyone started photographing him. I was offered to send the picture to them and secured an email address. When I returned to my office I followed through and sent the picture to them and they loved it. Months later when I was processing the images for my agent and came across these, I decided to send an email again and ask for a release and offered to pay him $25. He was thrilled and said to send him the release. A cheap price for a decent outdoor image.

Other methods I have used include telling them that I am shooting for a story idea I have and that I plan to pitch it to magazines (always true) and that maybe I can get them on the magazine cover. Sure that is a sales pitch but I am always trying to get a cover.

It is so important that you develop an effective and honest method to ask people if you can photograph them and also get a release. The money for released images is so much higher than without. And the process is just not that hard.

Have a technique for getting releases from strangers? Please leave a comment.

Related Posts: Do You Really Need That Model Release?, 10 Tips for Creating Successful Outdoor Stock Photos

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Currently there are "11 comments" on this Article:

  1. Julie says:

    One situation I run in to is not always being able to communicate in a foreign language well enough to explain what a model release is.
    I usually try to learn enough of the local language so I can carry on short conversations but to explain a model release, in Swahili or Greek, for example, would be a problem.
    Luckily I film mostly wildlife and landscapes but it would be nice to overcome the language problem when I come upon a situation that may require a release.

    I can’t believe all the photos of people in far away countries that I see published in books and magazines have all signed model releases. Having a conversation in the local language is one thing but it’s just not always possible to know enough of the local language to communicate well enough to explain what a release is.
    Yet, is it worth taking the chance of publishing without a release?

    I was curious if David DuChemin got releases from every person that appears in his book, “Within The Frame”. I can’t imagine that was possible. (It’s a wonderful book, by the way!)

    -Julie

  2. admin says:

    Hi Julie-

    I know of a few photographers who have their releases translated for the language they are going to, but my guess would be that even more do nothing, just shoot. The thing is books and magazines are editorial and no releases is generally safe. It is commercial use where you have a higher risk. 20 years ago or so a group of Mexican peasants hired a US lawyer to go after a photographer who had photographed them for something I dont recall, and they sued. I donjt recall the outcome or image usage, but in any event, the cost to defend yourself is enough to worry about.

    Best,
    Charlie

  3. Julie says:

    I understand that a lot of photographers don’t get releases for magazine and/or books but it seems that since we get paid for those too, the “editorial” then becomes “commercial”.

  4. admin says:

    I think that the definition of commercial use has to imply endorsement of a product or service, so I think that the editorial unreleased images is still fairly safe, but again, anybody can sue anytime.

    Charlie

  5. Brian Mc says:

    I enjoyed the post about getting over your fear and asking strangers for the release. I know that’s what the post is about and I totally agree with securing model releases where there is possible commercial gain to be had from images where the person is recognizable. But from your examples I question two images, the first and the last. Really? From a silhouette or rear image which could be anybody, you need a release? I find these very stylized images and cannot see a face so I’m confused. I know private property needs a release but an unrecognizable body shape too? Many thanks, good article.

  6. admin says:

    Hey Brian-

    I am going from my experience and that is that many agencies don’t want to have any potential issues in regards to releases. They don’t care if it is silhouette or a close up of a hand, they want releases as that is their first line of defense when someone accuses the agency and photographer of using their image without a release. I can’t speak for every agency, but when I sold my first agency to Definitive Stock (FPG) they required releases for everything, period. As I described in the post about the guy on the phone image I had shot, if you are accused, even by a person claiming to be in the silhouette, you have to spend time battling it and maybe even hire a lawyer. A quick pull and copy of the release puts an end to it.

    One of my buddies was close to a former Corbis exec who mentioned that “you would not believe who and what comes out of the woodwork” with regular accusations that the image of the hand or the image of the fisherman silhouette is them and they want money.

    But the real point is what can you do and not do without a release. If you check Photographers Market you find most listings release required. It is common for commercial buyers to reject any image without a release no matter the anonymity of the subject. So from a sales standpoint it obviously helps to have one. The term that you ‘have’ to have a release is subjective. I have images in my files that are silhouettes and I market them without a release. And I imagine that I could lose a sale because I dont have one but I might make one as well. I also know the few times I have had to deal with accusations I had releases and didnt spend a dime fighting the accuser, only a few minutes to copy and fax.

    Thanks for jumping in!
    Charlie

  7. tomas says:

    Great article!
    you got yourself a new subscriber..

  8. admin says:

    Glad to have you around Tomas!

  9. [...] that images with releases do better in the market so it’s best to ask about getting one. In this post I talk about how to ask for that model release from a stranger. A Butt [...]

  10. deddlebugs says:

    When I ask for a model release, I get these resposes: What is their cut of the money I would make, or they are wanting many prints for family and friends of all sizes, or wanting to know what the going rate for modeling is. How does one handle these as I run into it a lot!

  11. Andrew says:

    Hello So as i understand it i want to publish a book on portraits i do not need a release for for every model i shoot ?

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