Model Releases...when do you need them and when do you not?

[ShutteringFocus]

WHOA! I just looked up model releases on Google and I got a boat load of information :shock:

Goodness I hate legal matters!

From what I can gather...If its commercial you need a release and if its editorial you do not need one? But then there is something about sometimes needing them for editorial stuff...but sometimes you dont.

Can anyone kinda sum up the basic laws for me?

Let me give you some scenarios:

I take pics of a baseball game for the school newspaper (I assume no release necessary)

I take pics of baseball game for local newspaper (still no release?)

I take pics of baseball and get lucky...and they are printed in magazine (still no release?)

I take pics of people in period dress for a festival and they are printed in newspaper (no release?)

I take pics of people in period dress and they are printed in a add for some company (release needed right?)

So lets say I go take pics of people in period dress and then post them on my web site in which I offer all photos for sale as stock shots? Must I note which are released and which are not? Can I even web publish photos without releases?

[Bruce Hamilton]

This is JMO, but anytime you take a picture that has sale potential, you should get a release, just to CYA. Not worth taking a chance and being sued by someone who recognizes himself in your magazine picture.

[Longwatcher]

You seem to have it right from what I have researched.

I do know that you do not need release to post on web. However, If you are posting to sale the picture, then I highly recommend you get a release for that picture.

On the flip side, it is best if you get a release when ever you can just as a general rule. May save much heart burn later.

If it is news though, you should be good to go, but even with a release, it is still no garuntee you won't get sued.

One side note: At least in the US, if a person under 18 turns 18, they can cancel any releases they signed prior to 18, even though a guardian signed for them or witnessed it. So just take that into account. I have never heard of it being a problem, but it is written that way.

Just my understanding of when releases are needed.

[ShutteringFocus]

so for example...

here in Michigan over in Holland they have the huge Dutch festival "Tulip Time" and they have traditional Dutch dacers dancing in the street. So I take a huge wide angle of 20-30 Dutch dancers...and I need model releases... :shock:

Oh brother... :roll:

[IndyJeff]

I don't think you would need a model release on a group of 20-30 dancers as long as no one is easily identifiable. If one is close and readily and easily identifiable, she/he should have signed a release.
Still I would not think of selling that image for commercial use without a model release.


As far as using an image on the web, it depends as to whether you would need a release. Is it a grip and grin, i.e. newsworthy shot? Then you wouldn't. Now if it is cheesecake shots that wouldn't be newsworthy a release might be a good idea.
Displaying on the web would still be considered as a published shot. The context of that use would be determined by the presentation, news, information, art, fan site, or stock sales.
Some people would not be happy to find their picture displayed on someone's website and may be able to cause a bit of a stink because of it. Just make sure people who will be shown on your website, individual type shots that the person is easily indentifiable, are aware of the use you intend for their image.

[Digital Prophet]

There are two books that I think might help you out. The Law in Plain English for Photographers (http://www.amazon.com/exec/obidos/tg/detail/-/1581152256/qid=1084286607/sr=8-2/ref=sr_8_xs_ap_i2_xgl14/102-1741568-9824144?v=glance&s=books&n=507846) and
Business and Legal Forms for Photographers (http://www.amazon.com/exec/obidos/tg/detail/-/158115206X/qid=1084286673/sr=8-1/ref=sr_8_xs_ap_i1_xgl14/102-1741568-9824144?v=glance&s=books&n=507846) I have seen these two books many times and have been impressed by the information I have flipped through. While it is true that each state has its own variations, I think that these will be a good starting point. And some day when I learn to take a decent picture that might some day sell for more than a large order of french fries I will purchase them both.

- Digital Prophet -

[ShutteringFocus]

alright, thanks...

I'll look up those books too. :D

[Ronin]

Bringing this topic back since I was wondering the same thing.

Let me get this straight...if the person(s) in the picture are NOT recognizable, you don't need a release. So a guy can't say "That's the back of MY head!', he can't do anything about it, right?

But for a picture where someone can see and identify themself, you need a model release, correct? Even if it's very, very small?

[cmM]

This should answer your question:

http://www.popphoto.com/assets/download/57200311838.pdf