Model Release and Posting in These Forums

There have been occasions I'd like to post images of people on these forums, but have been reluctant to since in some cases I don't have a model release for the image. Where the intent of posting would be for critique or attempting to indicate some technical aspect of the image and not to "market" myself, is a model release needed?
And would the age of the subject make a difference? Seems I read somewhere that posting images of children (not images that could be of questionable content) could present some legal issues.

Wouldn't the forum qualify as an "educational use"? Your education, if no one elses.

If you're not selling the photo or using the photo to profit or promote something (front page of a Web site, etc.) then it should be perfectly acceptable without a model release.

The first two responses are correct. Post away.

Thanks for the replies.

legally speaking (although i am not an attorney, so it is just my understanding), posting on the internet is considered "publishing" - how you post it can determine however if it is considered to be private or photojournalistic in nature

I think that if you have any concerns about the matter then you should err on the side of caution. While it is true that an upset person could call or write asking for removal you could comply there is no promise it is that simple. Publishing with a release leaves you prime for invasion of privacy and invasion of publicity suits. And while you may win it is expensive to defend yourself.

And yes it may be a possibilty that you can claim (sucessfully or not) that it is a matter of "photojournalism" is it really worth it when it only takes 2 seconds to get a release.

If you ask me photography is like sex: Not using some simple and cheap protection can prove to be very costly.

- Digital Prophet -