Commissioned to shoot a pub interior with customers in it, do I need a signed release

Gr1f

With GDPR making everything tricky now I thought I'd ask about this one to any of you pros out there. Been commissioned to shoot a pub interior with customers in it, do I need a signed release from everyone in the bar?

Previously, I would have printed small cards that would be left on the table stating there was a shoot in progress and if anyone had an issue being in a photo could they make themselves known to the bar manager or photographer.

This almost never happened.

The images will be used for their website and social pages. Maybe a brochure at some point.

Any insight greatly appreciated.

uck51js9zml2yt

Can't see that you need to do any different.

gloobag

If a person's face is recognisable in an image that is being used for commercial purposes, you need a release.

Gr1f

Cheers,
Getting a release signed is going to be a mare unless I shoot slow and blur everyone :-)

uck51js9zml2yt

gloobag wrote: »

If a person's face is recognisable in an image that is being used for commercial purposes, you need a release.

It's a public place. Surely it's no different to s shoot in a shopping centre or hospital where a sign is put up and people told to contact staff if they didn't want to be shot otherwise it's implied consent

gloobag

Dwayne Unsightly Herb wrote: »

It's a public place. Surely it's no different to s shoot in a shopping centre or hospital where a sign is put up and people told to contact staff if they didn't want to be shot otherwise it's implied consent

It doesn't matter if it is a public place or not. If a person's image is used commercially, a release must be obtained.

OP, my advise would be to just mention it to people that may be prominent in any of the shots you're setting up in case they want to move to a different spot and not be in the photo. I'd have the pub staff handle it if possible, telling people and getting the releases signed if needed. I have been in similar situations myself, and a long exposure does work well to blur faces. Set up on a tripod and take a tonne of shots, as sometimes there will be people who stay relatively motionless and could still be considered recognisable.

mdebets

GDPR hasn't really changed anything for commercial shoots, the rules remained the same.
Technically speaking, you don't have to do anything, it's the pub's owner, who is using your pictures, who is responsible for getting model releases signed from all the people on the pictures he is using.
From a practical level, you need (and already needed in the past) a signed model release form from every person in the pictures, just putting a card on each table and expect people to move if they don't want to be in a photo, is not enough.
To be really on the safe side, it would probably be best if you took the pictures at a time when the pub is closed and the pub owner invites some of his regulars to sit (and probably drink for free) for the pictures. Each then signs a model release and everything is clear. Makes it also easier for you to arrange them in a way you need it for the pictures.

mdebets

gloobag wrote: »

If a person's face is recognisable in an image that is being used for commercial purposes, you need a release.

That's only half correct. A person is recognizable and a release is needed, if someone can look at a photo and say oh, that's me or that's Bob. That doesn't need to be only their face, could be some other recognizable feature or what the person is wearing.

mdebets

gloobag wrote: »

I have been in similar situations myself, and a long exposure does work well to blur faces. Set up on a tripod and take a tonne of shots, as sometimes there will be people who stay relatively motionless and could still be considered recognisable.

Just out of curiosity, how were your pictures used afterwards. I can't quite see an advert for a pub, where all the interior is sharp with blurry people in it, unless it's a haunted pub and the owner want's to show the ghosts in his pub .

OldGoat

The pub owners are responsible for what they do with the photographs you provided to them under contract.
I'd say that your responsibility ends at you informing the pub that they need releases if they are using images featuring members of the public.

Bar-stool lawyering.

CabanSail

Often for these sort of things an establishment will do the shoot with people invited to a special event.

Easy enough to do really. They can make it known that there will be a Photo Shoot on at XXX time. If you come you get a free drink but have to sign a release on entry. Have the releases at the door and as each one is signed they get a token which can be exchanged over the bar. You will then also be able to direct the crowd to tailor the shots. Should only take half an hour.

Board Walker

"I being of sound mind and not under any influences" haha

bullpost

CabanSail wrote: »

Often for these sort of things an establishment will do the shoot with people invited to a special event.

Easy enough to do really. They can make it known that there will be a Photo Shoot on at XXX time. If you come you get a free drink but have to sign a release on entry. Have the releases at the door and as each one is signed they get a token which can be exchanged over the bar. You will then also be able to direct the crowd to tailor the shots. Should only take half an hour.

I'm going to get you to model for a commercial shoot and pay you a fiver an hour? Hmm not sure i'd take up that offer?

CabanSail

bullpost wrote: »

I'm going to get you to model for a commercial shoot and pay you a fiver an hour? Hmm not sure i'd take up that offer?

I know .... you don't get out of bed for less than 10K.

alexlyons

bullpost wrote: »

I'm going to get you to model for a commercial shoot and pay you a fiver an hour? Hmm not sure i'd take up that offer?

taking a pint as a fiver, and the suggestion it should take half an hour in the same post, that closer to an hourly rate of the equivalent of a tenner before tax

Granted its still not great, and it was more about people doing a good deed and getting a free pint than getting paid... Sorry for being incredibly pedantic :D

CabanSail

If I were going to the pub anyway and was asked to do more or less what I would normally do for a free pint I think I would.

Kooto1982

Get the better idea from google.