All of these questions are regularly asked by readers over at our forums and here on the blog - so one of our wonderful forum moderators, Nicole, put together the following great primer on the topic of Model Releases (with links to some other great resources on the topic) that will hopefully answer some of the basic questions on the topic.
Let’s start with the basics.
A model release is basically a contract that says that you’re allowed to to publish a photograph. It is something that you have the subject sign to show that they are ok with it. Read up on Dan Heller’s primer on the subject for more information.
Model releases don’t have to be complicated, but they can be, especially when people start requesting particular things (like a clause that says you can’t photoshop the image). There have been several threads discussion the actual model release document.
That question is not nearly as clear as the first one. The answer is that it depends. The more complete article by Dan Heller explains that there are 4 questions you should ask yourself. But there are several other things you should probably look at as well, including whether or not the image is being published, or if it’s being published commercially.
This is one of those questions that has no easy answer unfortunately, so it requires a lot of thinking about your particular situation.
Short answer: Yes.
Long Answer: Yes, and it depends on what or where.
Property releases are another form of release that you might need. You should be aware of what the local rules are though about trespassing and privacy and your rights as a photographer.
So, if you’re not totally confused by now, congrats. If you are, well, that’s OK too, because lots of people have the same sort of questions. So, keep asking, and feel free to add any other knowledge about model releases you have to this thread.
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August 2nd, 2007 at 10:17 pm
I have collected various pdf/rtf/doc release forms (some are in french), if it can help :
http://www.box.net/shared/tbuzr21idu
August 3rd, 2007 at 5:36 am
I work for a non-profit organization (actually, a public institution of higher education), and I keep feeling that every guide passes our situation over as to whether we need a model release or not.
If we take pictures of students on our grounds (public land) and use it to promote the institution (a non-profit, governmental) do we need a release under the grounds of us using it as a commercial piece, or since we don’t make money, is this not applicable? For instance, an admissions office publishing on their website for The University.
August 5th, 2007 at 5:53 am
for me it is the most difficult task, particularly when the time is gone people whom u photographed have also gone, the begger, the sweeping women, village folk who do not understand yr meaning of getting an unknown form(that too in english) signed(who don’t know how to sign), children parents run away seeing an unknown person having camera approaching them, in trains, buses what people have in their mood and u ask them to sign an m.r., so u make a good stock photographs u can never get them published/sold, use commercially or otherwise. yr 100% attention is in clicking of an immortal photograph and the m.r. comes in between to disturb yr attention and begging to sign the m.r. at tourist place how many people u photograph - i think for this u will have to keep one or two attendants. how many tribal people’s photographs are entered in the competitions, where is the model release. matter doesn’t end here, there are several situations where it is a dream to get the m.r. so the photograph is wasted and silently kept in yr album. in this situation, better to shoot animals, birds and other creatures rather than human being. in public places, what is the pricacy of known or unknown face, but if law says against it, then fill yr albums and be content for want of m.r. i know it is a must but practically it is the most difficult task never to come true, because of peoples’ illiteracy, unwillingness,non-cooperative attitude, not-knowing yr intention, why photo to be published, etc. etc.
August 14th, 2007 at 2:58 am
I’m hoping to start a street style blog, with photographs (taken by me) of people shopping etc who I think look stylish. Most photos will be taken in Scotland (UK), and some abroad. I won’t be selling any photos. Do I need model release forms?
Secondly, if I wanted to get some other people to contribute (unpaid) to the blog (in other Scottish cities), would the same apply to them regarding getting model releases?
Would any of this be affected by having adverts on the blog?
Thank you very much for your help,
Louise
February 24th, 2008 at 10:09 am
NOTE: I’ve updated my model release page and moved the topic of property releases to its own (new) page:
http://www.danheller.com/biz-trademarks
dan