Deb Frantz |
Model Releases I'm taking pictures for our church's capital appeal fund and some will be used in newsletters. If I capture someone (candid photo) and the photo is used, and that person comes back and says that I didn't have his/her permission, do I actually need a model release? The newsletter is just being mailed to the congregation. Hopefully, an answer can be found pretty quickly due to time being of importance. Thank you for your help.
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Jeff S. Kennedy |
I'm no lawyer, I just play one on TV. ;-))) But this sounds like an editorial use for the photographs. As such, no release is required. Releases are only required when the photograph is to be used in a commercial way. Such as in an advertisement or sold.
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John A. Lind |
I'm not an attorney either, but agree with Jeff from your description. In general a model release is required if: (a) the person(s) are recognizable (b) the image will be used for "promotional" or "commercial" purposes to promote or sell goods or services (including those of the photographer who shot the photograph). Classic examples are advertising and photographs used in corporate annual reports. Which way your usage of these falls depends some on how the accompanying article(s) are written. Ostensibly, your newsletter is akin to a newspaper. If the article is written "third person" as reporting news about the fund drive, much as an independent newspaper would write it, you should be OK. If it's written as an advertisement or even like an "infomercial" to promote donating to the fund drive, you're now skirting on commercial use. Other issues: (a) Property: (b) Libel: This doesn't mean you (or the church) cannot be sued for lack of "releases," but it does mean you have some manner of defense. I would hope nobody you encounter doing this would pursue litigation over something so trivial. The vast majority of attorneys would so advise a potential client who is seeking litigation (e.g. "get a life" and sue over something meaningful). Use common sense; those involved should know you're photographing them and if someone objects at that time, simply don't use it. (It doesn't mean you must surrender film to anyone; that's your property even if their image is on it.) -- John
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