[tuxcomputers]

Australia is different than what this thread makes me believe about the US.

Model releases are only required if the person is recognisable AND it is used to endorse a product or service.

I could take your photo enlarge it and then sell it, commercial gain = yes, endorsing a product = no, therefore no model release is required.

If I was to use that same photo on a flyer to advertise my gallery showing where I was selling it then that would be endorsing the showing and I would need a model release.

If I took your photo and then altered it so that you could not tell if it was you or Aunt Betsy then I don't need a model release because you are not recognisable.

As for the surf shots, it depends what the company wants to do with the shots:
1. use it for an ad on surf wax = endorsing product = model release required,
2. in an article inside the mag about surfers and their habits etc = editorial = model release not required.
3. use it on the front cover of the mag = endorsing the mag and enticing people to buy it = model release required

I am so glad I live in Oz not the US, I get to publish any street photos I take with no model releases.