Model Release required for Public Carnival?

I took photos of kids' faces upside down on rides... some came out great, others of course are blurry... my bad (learning curve).

If I were to submit the photos to a stock company (istock for example) would I be required to have a model release of those kids even tho it was a public event?

Public place, they were on a ride, had no intentions of selling at the time of taking. I live in Australia (which has a bit more freedom when it comes to public photography), but I'm uploading to an American company.

you need a release for any identifiable person in any photo you intend to sell for comerical use ( you may use them for news articles and such)

Nope. If in a public domain and editorial reasons, you don't need a release form

400dabuser wrote in post #12859964
Nope. If in a public domain and editorial reasons, you don't need a release form

think you need to re-read his post he is asking if he needs them for stock photos, in which case he dose need them

Not for editorial reasons but could be (if rejected for other reasons).

But yes, this is for a stock site, again... living in Australia we have free reign... but uploading to American company.

so plain and simple.... I need to find these 2 girls and get them to sign a release....

You can always try and upload them. My experience with stock sites has been that if there is an identifiable person in the image they will ask you for a release form. The shots that I was submitting the last time was from a street festival and it was all adults and could quite easily be categorized as editorial. Stock sites want to cover themselves from any chance of litigation and the release helps in that respect. I always error on the side of safety and ask for a release.

In this case you don't mention the age of the children but I take it that they are young. Even if I didn't need a release I would still be talking to their parents/guardians to ensure that they didn't object.

The photographer's intent does not categorize images .. The end use does.

The image is of 2 girls flipping upside down on a ride at a carnival.. hair flying in their face, they are smiling and having fun. Their age, I'm guess-timating anywhere between 13 and 16 year olds.

but if this is the case where I DO need one, then there's no way I'll ever be able to locate them unless I put in an ad in the paper ... LOL!!

I can attempt it - can only get rejected right?

They're minors to boot? I wouldn't even bother...

one girl you can only see half of her face... hair covering it... the other girl her hair is between her eyes (can't see her nose!) Does that count as unrecognizable? LOL!!!

Might just forget it. And they look about 15/16.... just had another look.

LONDON808 wrote in post #12860172
think you need to re-read his post he is asking if he needs them for stock photos, in which case he dose need them

Not really, most stock agencies don't require "model" release, because they are not models...d'oh

This site requires one.... was just curious about public places because I didn't specifically take this photo for the purpose of "selling" it. Nor did I ask them to pose for it. I just pointed at them and shot the picture as they hung for a second upside down.

I think you better ask them and read the conditions again

Stock companies sell to anyone with a credit card. They can't know how the image will be used. Tomorrow it might be on a Crunchy Munchies box. To cover their butts they require model releases.

Here is what Alamy say about releases...