Do you need a model release if.....

[sk66]

I decided to do a little quizzing based upon all of my research regarding model releases just for fun and to start some discussions.
Because I'm not an expert, there may be different rules in different locations, and because all laws are open to interpretation, I thought polls would be in order...

So the first situation is:
Do you need a model release to post a picture of a person in a gallery on your personal/professional website?

edit: crap, I should have added a third option for "maybe"

[dakwegmo]

You need a third option for either "I don't know" or "Maybe".

I've not found a definitive answer from a reputable source on this. On the one hand, you're free to use your photos editorially without a release. Fine art, including showing in public galleries has been determined to be editorial use. Even advertising a fine art show, can include samples of the work being shown. All without a release. Commercial use, i.e. advertising, usually requires a model release. The question then is whether a web gallery is more analogous to a brick and mortar gallery, or whether it's nothing more than a self hosted advertisement.

Lawyers, being the cautious types they are, will tell you need to have a release to use a photo on your site, but that doesn't mean it's legally required.

[sk66]

Just answer the damn question!
Maybe is fine (I should have put that option but can't edit it to add now).

[uavmx]

I'm the first to answer! WHAT DO I WIN!?!

[autofocus]

I will say yes...we do it either on a signed release, or a verbal yes from the client. Verbal agreements may be OK, but some will say it's only as good as the paper it's written on

[dakwegmo]

Just answer the damn question!
Maybe is fine (I should have put that option but can't edit it to add now).

Pardon me for taking you at your word that you wanted to start a damn discussion!

I voted no, because we'll you don't necessarily need one. It depends on the usage.

[OsmosisStudios]

Maybe. Depends on the shot and circumstance as well as the intention of the gallery/website.

[sk66]

Pardon me for taking you at your word that you wanted to start a damn discussion!

I voted no, because we'll you don't necessarily need one. It depends on the usage.

I guess I should have made that clear...discussion after I reveal "my" answer and allow it!

[scootermcq]

90% of my portrait work does not have a model release because we have a verbal agreement that it will be on my website if I choose. Let's face it, if they don't want it there I will take it down anyway. I seriously doubt I will ever take a portrait of a person or family that I will want to sell to a magazine etc.

All weddings have a model release as part of the contract, but again.. if they don't want to be on my website I would not put them up anyway.

So, my answer is model releases are really a waste of time

[sk66]

So, my answer is model releases are really a waste of time

This is very close to the truth...A lot of model releases are collected from "fear" and a lack of knowledge of the actual law/rights each has.