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Model Releases


Do you need a model release for every photograph you take with a person in it, if you plan on using these photographs commercially? Is there ever a time when you do not need a model release?


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December 16, 2001

 

Ken Pang
  Depends on the law where you took the photograph and where you use the photo.

As a generalisation, here are the rules:

1) If the person is clearly the subject of the photograph, yes, you need a model release. Even if the shot was candid. Of course, a little kid running around in an African village, when you sell the photo for National Geographic for circulation in USA is unlikely to ever sue you. Serious paydirt for him if he successfully does though :)

2) If the person is celebrity in a public place, their celebrity status indemnifies you from any legal action, because celebrities are deemed newsworthy topics - even if they were only going to get a litre of milk! This only applies if they were in a public place! Photos taken through their window or any other time where they have a reasonable expectation of privacy is still an intrusion of privacy!

3) If the people are unidentifiable individually as part of a crowd, then no, you do not need a model release. Or if they are part of the "landscape" and clearly not the subject of the photo - even if the shape of the person adds to the photo.

4) If the person is identifiable clearly as themselves, you're better off getting a model release, even if they are just part of the surroundings and not the subject. Just in case. You never know what might come back and bite you.

5) If the person is part of a performance, whether that performance is commercial or free, you must get the rights to publish the photo. This is slightly different from a model release, this is more about copyright. This one negates rule 2 about celebrities - if they are performing, then the producers must give you permission to publish the photos.

Clear as mud through the bottom of a beer bottle? Excellent.

My disclaimer. I offer this advice with no guarentees that it is accurate anywhere. I have no formal qualifications in law. If you chose to act upon the information here, it is at your own risk.


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December 18, 2001

 

Gregory K. Peterson
  Ken,
Does an athletic event such as a baseball game or an NBA game count as a performance? Would I have to get permission from the NBA or Olympic committee, for example?


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July 28, 2002

 

Emanuel Melo
  I'm not sure about the NBA or the Olympics but I do know that most major concerts do not allow any photography of any kind unless you have a press pass and at WWF (WWE) wrestling events you are free to take photos but they are only for personal use and you cannot resell them without consent of World Wrestling Entertainment, I would think that the NBA, NFL, NHL etc would operate the same way but I'm not positive.


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October 03, 2002

 
- Gregory LaGrange

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Gregory LaGrange's Gallery
  something like national geographic is for editorial use so you wouldn't need a model release. It's just like photos for a newspaper.


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November 26, 2003

 

Charles B. Cheek
  The word "commercially" is subjective.
The only time you would need a model release is when the subject is (or appears to be) endorsing a product.


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April 11, 2004

 

Melody Milak
  At my photo studio, I have a general form that I use to get the customers info, session type, and so on. On the form there is a section called term & agreements. Here I state the payment terms, reorder terms, return policy, return check policy copyright law and the "Portrait Display & Advertising" agreement. Under this section it states... "Milak Portraits reserves the right to use your photographs for promotional, display or commercial reproduction without compensation. This form serves as a model release." I make sure EVERYONE signs the bottom of this page and date it. Once in a while I will get the customer that reads everything before they sign and they will scratch that section out then sign it. In that case I just don't use the pictures. But that does not happen often. If you would like to use my form as a guide for your forms, email me, melody@milakportraits.com.

Melody Milak


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May 29, 2004

 

Melody Milak
  Hello everyone.

I have been getting a lot of request for a copy of my release form. I hope it was able to work for you. I don't mind emailing it out. Feel free to visit my site too at www.milakportraits.com

Melody Milak


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April 21, 2005

 

Swapnali Mathkar
  Hi Ken,

Thanks a lot for valuable information.
though some question again.

I have some photos of a religious event held on road. Can I give such photos for publishing? if there is any public event or road show going on, how can I get model release? I have some car / bike photos which obviously has visible logos . is it illegal to sell such photos?


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May 31, 2005

 
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