View Poll Results: Is a model release required to put a picture of a person in a gallery on your website
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01-11-2013, 11:34 PM #1
Do you need a model release if.....
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"
Last edited by sk66; 01-11-2013 at 11:39 PM.
01-11-2013, 11:49 PM #2
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.
01-11-2013, 11:59 PM #3
01-12-2013, 01:32 AM #4dPS Forum Member
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- May 2012
I'm the first to answer! WHAT DO I WIN!?!So Much To Learn....
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01-12-2013, 01:40 AM #5
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
01-12-2013, 01:55 AM #6
01-12-2013, 02:28 AM #7
01-12-2013, 02:32 AM #8
01-12-2013, 03:02 AM #9
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 timeScott
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01-12-2013, 05:12 AM #10