The sticky subject of model releases

As soon as you release the shutter on your camera to take a photo, you own that photo. What happens after you take the photo is usually very simple if you are using it for your own private use, but if you have other intentions, such as commercial work, you may have to worry about things like model releases. Many photographers like to shoot other people: people on the street, friends, children, neighbors, even themselves. What happens when someone else is interested in your photograph and wants to use it? It may get complicated if it's for an advertisement or if it's being sold for commercial purposes, and you may need a model release. Exactly what is a model release and why might you need one?

What exactly is a model release?

In essence, a model release is a signed document that allows a photographer to use someone's image or likeness. That way easy enough, wasn't it? Legally speaking, you may need a model release for any images you create, but the really tough part is deciding when you need one.

How do you decide when do you need a model release?

Dan Heller does a good job of outlining the gory details of when you might need a model release, and you can easily visit his site for more information. This article will outline the basics to help you decide when you need to obtain a model release from the people in your images.

Before you go around getting signatures from everyone you photograph, one of the most important things to remember is that just because there are people in your photograph does not necessarily mean that you need a model release from them. Taking the photograph itself does not require a model release; whether or not the person is recognizable and how the image will be used dictate if you may need a model release.

The first question to ask yourself is if the person in the image is recognizable. If not, then you probably don't have anything to worry about if you don't have a release. If the person is recognizable, then you will have to keep evaluating the situation.

If you plan to use the image in a commercial way (e.g., an advertisement or promotional item), then you may need a model release to use someone's image for that purpose. You can't always know when you are going to have a commercially viable image, so you don't always know to ask someone to sign a model release for you. You can't go around asking people to sign them just in case. It may hamper your photographic process to do so. Instead, try to get a release if you have the power.

If you want to use your image without a model release, it's good practice to be honest with the publication that wants to use your image and to let them know that you don't have one. In the end, you have to make a judgement call as to whether or not you will let them use it.

You may have noticed there are a lot of "ifs" in this article, and that's for good reason. When it comes down to it, it's good practice to have a model release if you think you might the image commercially, but if you don't have one, it's not the end of the world.

Check out these additional sites for more information:

Dan Heller: Model Release Primer
Better Photo: Photographic Model Release Forms
Digital Photography School: Model Releases - A Primer