Forums > General Industry > Public photo shoot question

Clothing Designer

SINched

Posts: 273

Needville, Texas, US

I tried to find a discussion on anything similiar to this with no luck so here goes. We are planning a photo shoot at a local nightclub. The idea is to shoot the models in a club atmosphere with some of the shots having club patrons in the background. Do we need some type of release form for everyone entering the club to sign just in case they are photographed or can we just post something on the front door and at the bar stating that there will be a photo shoot going on and they might end up in a shot? The photos will be used by everyone involved in their portfolios both online and in print and on our business website as well. Does anyone have any ideas or experience with this?

Aug 02 06 01:38 pm Link

Photographer

Portradamus

Posts: 79

Pittsburgh, Pennsylvania, US

Are the pictures going to be sold at any point?

Are the patrons going to be recognizable or blobs of out-of-focus faces?

It seems to be that the law is quite clear on this one: everything that happens in public can be photographed (if you can see it, you can photograph it), provided that you didn't use special equipment (like a long lens shooting into somebody's window).

The partrons shouldn't have expectations of privacy, so a sign on the door is more than enough as far as I can tell.

IANAL.

Aug 02 06 01:42 pm Link

Photographer

American Glamour

Posts: 38813

Detroit, Michigan, US

I have shot events (video or stills) for productions and publications.  Typically the events have been publicized so people knew there would be filming before they came.

Typically we had a sign-in sheet which was effectively a release that everyone signed upon entering.  That is the safest thing to do.  I have seen some people just put up a warning sign.

Depending on the circumstances that might be adequate but I am sure having everyone sign-in on the release form is safer.  It also depends on how you want to use the images.

If you are looking for an alternative that doesn't require everyone to sign in, I suggest contacting an attorney in your own area that is familiar with this kind of law to give you reccomendations.

Aug 02 06 01:45 pm Link

Photographer

David Scott

Posts: 5617

Marion, Iowa, US

One idea might be,,, if possible.... find a bunch of friends... ask the nightclub owner if you can shoot bfore normal business hours or before its usually busy and kinda shoot in a corner, have everyone packed in so it looks like a full club atmosphere and all.    I want to do a shoot in a club myself.   Maybe you can even give them some shots for their own promotional stuff while you're doing it.     Definitely post how it goes. smile

Aug 02 06 01:50 pm Link

Photographer

R Michael Walker

Posts: 11987

Costa Mesa, California, US

Just fun wrote:
Are the pictures going to be sold at any point?

Are the patrons going to be recognizable or blobs of out-of-focus faces?

It seems to be that the law is quite clear on this one: everything that happens in public can be photographed (if you can see it, you can photograph it), provided that you didn't use special equipment (like a long lens shooting into somebody's window).

The partrons shouldn't have expectations of privacy, so a sign on the door is more than enough as far as I can tell.

IANAL.

UNLESS...you submit them to "ridicule, Scandal, reproach scorn or indgnity". then they can sue. This can be as simple as a spouae seeing the local minister's daughter in a bar. Have them sign in on a release fore, Post the sign AND make periodic announcements thruought the night. CYA! And if the club gives some discount onb admission or drinks that constitutes value recieved which really solidifies the release.
Mike

Aug 02 06 01:55 pm Link

Photographer

B. Jonathan Michaels

Posts: 2

Saskatoon, Saskatchewan, Canada

Aug 02 06 02:07 pm Link

Photographer

B. Jonathan Michaels

Posts: 2

Saskatoon, Saskatchewan, Canada

I agree with Mr. Walker on this one. CYA every way you can. In this post 9-11 world I am not certain it is safe to photograph anything without caution.

When I conducted a similar photo session in an Alternative club, we cordoned off a specific area for shooting so as not to inadvertantly "out" any of the patrons. It worked well & everyone appreciated the effort. Good luck & good shooting!

Aug 02 06 02:09 pm Link

Clothing Designer

SINched

Posts: 273

Needville, Texas, US

Thanks for the good tips. From what everyone said so far, I think we will post signs and have a general release form at the door just to make sure there are no problems. It should be a very interesting shoot, we'll have two girls styled as Geishas with one very traditional looking and the other more fetish looking. We have managed to get an awesome hairstylist to help us out and we most likely have a makeup artist too so we are hoping for some great stuff. There are no plans to sell any of the photos since it is a collaboration effort for everyon's portfolio use. We'll shoot part of it before the doors open but we do want some shots with the patrons in focus.

Aug 02 06 02:16 pm Link

Model

SsinUrn

Posts: 274

Virginia Beach, Virginia, US

just blur the faces a little... that seems like the easiest way to do it... might even come out better if done right

Aug 02 06 02:20 pm Link

Photographer

FKVPhotography

Posts: 30064

Ocala, Florida, US

SINched wrote:
I tried to find a discussion on anything similiar to this with no luck so here goes. We are planning a photo shoot at a local nightclub. The idea is to shoot the models in a club atmosphere with some of the shots having club patrons in the background. Do we need some type of release form for everyone entering the club to sign just in case they are photographed or can we just post something on the front door and at the bar stating that there will be a photo shoot going on and they might end up in a shot? The photos will be used by everyone involved in their portfolios both online and in print and on our business website as well. Does anyone have any ideas or experience with this?

In my younger days I was the photo editor for a magazine called NightLife in New England....unless it's for a commercial use such as an advertisement you shouldn't have any problems.....other than that....I'd say keep your depth of field shallow....the lighting and people in the background become a very cool looking blurs.....check out the shot in my port....Reba opening her outfit...was taken in a local nightclub.....ironically.....we had the problem of everyone wanting to be in the shots.....especially the guys...LOL

Aug 02 06 09:49 pm Link

Clothing Designer

SINched

Posts: 273

Needville, Texas, US

Thanks FKV, I like the effect your talking about. We'll give that a try too.

Aug 03 06 09:56 am Link

Photographer

A Errico Media LLC FIT

Posts: 456

Newtown, Pennsylvania, US

That is a high percentage of what I do now and you are welcome to look at my website for samples (all 6000 of them) Consideration is tops and getting clearance from the club manager or owner is required. As for being legal it is in fact legal but you have to make sure the people around the model do not get offended and you should take down any photos they do not want posted online. For the most part people love to be in that type of action and if anything you will gain respect as the professional in the room. best wishes, I love doing just this!

Aug 03 06 10:05 am Link

Photographer

Divinorum Studios

Posts: 64

Houston, Texas, US

Bit of additional info
Ill be shooting this in addition to one other photographer lol....and apparently the bar manager and owner were and are so hyped for this shoot themselves theyre inviting alot of people...having a band play that nite...some majour names in the modeling and photography world[at least locally in Houston heh] may be there as well......damn.....pressure much? heh
either way yeah it SHOULD be pretty clear as far as everything goes...and My suggestion was [as Ive already experienced what shooting in this club is like and some of the patrons wot dont like having their picture possibly taken...yeesh] that we do indeed post this at the door and have people be aware of the location and sign waivers if theyre cool to be in it....just to keep it all on the up and up
other than that....everything should go smoothely....and with lighting concerns and some equipment...it should be pretty obvious whats going on...if they dont want in the pic they probably shouldnt sit near the lighting gear heh

Kenny....you ass lol....ya gone and made one of my first majour shoots an event lol
oh well....my best work comes during a concert or club event anyways...I think Ill actually be more comfortable this way!

As far as the editing tricks....between what I have in mind and what Im sure Third Eye has in mind everything should come out amazing!

Aug 03 06 01:55 pm Link

Model

A BRITT PRO-AM

Posts: 7840

CARDIFF BY THE SEA, California, US

Submitted to "Ridicule, Scandal, Reproach Scorn Indignity"  . . . depends on the type of club...

;-)

Aug 03 06 02:27 pm Link

Clothing Designer

SINched

Posts: 273

Needville, Texas, US

Its not that kind of club...maybe next time though wink

Aug 03 06 04:15 pm Link

Photographer

Fotographia Fantastique

Posts: 17339

White River Junction, Vermont, US

I have been on many shoots inside clubs and other places of business, including stores fitness clubs, etc. What we have always done from simple shoots all the way up to the ones for ABC TV was the same.

1) Get permission (in writing) from the business.
2) Prominently display a sign on the entrance that says that there is a photoshoot and by entering one consents to the possiblility of being photographed (talk to your legal advisor for exact wording).

and don't forget this step:
3) Take a photograph or video of the sign.

It's been pretty much been like that on most shoots.
Some venues where you have to buy tickets already have the 'consent to be photographed' on the back of the ticket, but that is usually big arenas and large nightclubs. You can check with the club to see if they have that and it applies to you.

Hope that helps.

Aug 03 06 05:22 pm Link

Clothing Designer

SINched

Posts: 273

Needville, Texas, US

Thanks for everyon's input! There are a few of the shots up in our profile now, feel free to check them out.

Aug 14 06 09:31 pm Link