Photographic Model Release forms are a funny thing. In certain cases we need them, but in others, it's doubtful.
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Following industry standards, for any work that will appear in consumer or trade magazines, newspapers, or educational books, you generally do not need a model release. This is also true for photographic exhibits. These are considered educational/informational uses.However, for photos that will be used in commercial applications - ads, brochures, posters, greeting cards, catalogs, postcards, kiosks, trade shows, Web sites, etc. - you will need a release from your subject in order to be "legal." Some ask: "If you sell a photograph to a newspaper, is it now considered a commercial use since there was commercial gain?" or, "If you sell a print from an exhibit, is that commercial gain?" In theory, no. In practice, my photojournalist friends do not get releases; and my colleagues in the general editorial and fine art genres don't get releases very often, either. In all these years, I don't know anyone personally who has had a legal issue regarding releases for these areas of photography. I have sold images for use in travel guides, and done many assignments for consumer magazines without needing to get releases. There are exceptions, however, such as corporate magazines.
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Photographic Model Release Forms: Play it Safe
These days, it's hard to know what to expect from people you may have photographed, but do not know. They could verbally say "sure" and then change their mind later. So I play it safe: I ask for releases on any photograph that I've made where the person is clearly the subject of the image, and that I think I might be able to use commercially. But these are mostly people with whom I've had a conversation, and a personal photography session.For my candids on the streets, in parks, festivals, or in travel scenes, markets, etc., I usually don't worry about it. But if I think I've made an image that will surely sell commercially, then I'll try for a release. If you think that your pictures might be commercially used, make the effort to get a release, and be prepared to give something for that permission. A thank-you print or prints, a small donation or payment, etc., is considered fair price for the permission to use their likeness "forever." It may not be required, but it's only fair if they ask for something in return.
Where to Get Photographic Model Release Forms
Here are a couple of model release forms - one for adults and one to use when photographing minors. These are Word docs; if you cannot download them, turn to the books mentioned below. Either way, use these forms as an example:
Where Else Can You Get Photographic Model Release Forms?
Additionally, there are books that have model releases printed in them. The American Society of Media Photographers (ASMP) also has a stock photography handbook that has standard forms in it. (For my own use, I have taken these forms and modified those to be user-friendly.)Here's more information on photographic model release forms from ASMP Whichever form you use, keep your release in simple language, and spell out your intentions clearly. If your subject doesn't want to sign a release at that moment, then get their name/address and send a thank-you print with a release form asking again ... if you have something great!
About Author / Instructor / Photographer, Brenda Tharp
 Brenda Tharp is known for her inspirational and informative workshops. She is the author/photographer of the book Creative Nature and Outdoor Photography that has been receiving excellent reviews. Brenda has also written how-to articles for many photo magazines, including Outdoor Photographer. Brenda followed her passion many years ago when she quit her corporate job to pursue a career in outdoor and travel photography. She has llama-trekked, sea-kayaked, flown in helicopters and hot-air balloons, cycled, and hiked to create her photographs. Those images have appeared on the pages of Alaska Airlines, Audubon, Discovery, National Geographic, Northwest Airlines, Sierra, Sunset and Travel Holiday magazines, along with many others. She has images included in books produced by Chronicle, Michelin, National Geographic, and Sierra Club. Her keen eye for design and use of natural light and color are a signature in her work. Her photographs are regularly published in calendars and greetings cards for a variety of international companies. Brenda markets her own stock photographs, and is also represented by Workbookstock.com. She has co-starred in episodes of Canon's Photo Safari television program, and appeared on San Francisco area news shows to discuss photography techniques. She has developed a reputation as a teacher of unlimited energy with a compassionate yet honest approach to critiquing.
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