We’re super stoked you’re considering submitting a collection to Picky.
But before you click send, there’s a couple of things we’d like you to check first.

To begin with: 

In legal speak, as a photographer you cannot release the right to commercially distribute an image that you don’t own. And there are several rights that may exist in a photo that you don’t necessarily own off the bat, and therefore cannot release.

 The questions you need to ask are: 

• Have you collected the correct releases for the image?
• Are there any copyright issues?
• Are there items in the photo protected by trademark law?

So, in order for you as the photographer to allow Picky to commercially distribute these images you need to obtain a legal document known as a ‘release’ from every rights holder in the image. 

Talent Release:
Is there a clearly identifiable person(s) in the photo? If so, you need to make sure you have their permission to use it and have a signed talent release form from each model. 

If there is someone visible in the image but they are not clearly identifiable and are not the main subject of the photo, then you likely don’t need a release. That said, you need to be very careful when deciding whether someone is or isn’t recogoinisable. A person can sometimes be identified from a tattoo, a birthmark, a silhouette - or even a combination of these elements.

In the below images you’d need a talent release form to submit either of these Picky images:

Location Release:
If a photo is taken on private property and is clearly recognisable, then a property release is needed for use commercially. A private property can be considered such things as, a residential home, restaurants, stadiums, airports, museums, galleries, shopping malls, movie theatres, aquariums, hotels, zoo’s etc.

A location release is needed for the below image:

 

A location release is not needed for the below image:



Copyright and Trademarks:
When reviewing your images it's important that you look at every element in the photo. We will not be able to accept any images with identifiable intellectual property such as books and posters or any trademarks - brands and logos. Companies take their trademarks very seriously – you should under no circumstances use an image that contains trademarked material without their express permission. 

However images like the below are absolutely fine, as although a book features in this image, you cannot tell which book she is reading. Likewise, you can see that this lady is using a tablet but you cannot see any identifiable branding.

 

What next?
If you need a talent or location release form template, please email us at hello@picky.co.nz and we will fire through ones you can use. Although we don’t ask you to provide these signed releases to us, the Picky contract asks you to legally confirm that you have all of the necessary permissions & are the owner of the image. 

Although there is a bit to check up front, once done you can be confident that your image is good to be uploaded & sold! Weeehooo! Plus, next time you pick up your camera, you’ll be more prepared & will get those releases signed as you go.

Any as always, any questions, at any stage of your onboarding journey please do get in touch. 

Extra for experts:

• To learn more about talent release forms, have a read of this rad Masterclass blog post here.
• Check out this article for more info on location release forms & why they are so important.