Do random pictures need model release?

[Brittany Allison]

Hi, I'm by no means a professional photographer, and the only reason I ask this, is in case I take a great shot and want to share it online, on my facebook, in my "someday" portfolio, etc.
If I take a random picture of someone in public, do I need a model release to use it? I've included a link to a post by Cypher. His last picture is the type of "random shot" I'm speaking of. TIA!!

Introducing some portrait/people work

[Doug Pardee]

Well, technically you need a lawyer's advice. But basically, in the US (Missouri's in the US, right? ) you only need a model release if the photo is going to be used for promotional/advertising purposes.

You can post the photo, you can sell the photo as art. You can use it to illustrate a news story or as part of a photo essay. But don't use it to promote or sell anything.

There are obvious exceptions to this, such as photos taken when a person has a reasonable expectation of privacy. Or photos that give a false impression of a celebrity. Or when the person is a member of a notorious biker gang and gives you the Eye Of Death.

Seriously, though, that last little bit can be a problem. Don't go causing trouble for people unless you're prepared to deal with the consequences. There have been some nasty incidents resulting from photos being published of, say, a loving couple who (it turned out) happened to be married to other people.

And outside the US, the rules will be different. France is particularly strict, with its droit d'image laws.

[Brittany Allison]

Originally Posted by Doug Pardee

(Missouri's in the US, right? )

Last time I checked. lol

Thanks for the info. I wouldn't be promoting anything with them as right now I have nothing to promote!! lol But I'll definitly keep this in mind.