I shoot on the streets and try to obtain releases BUT this is not always possible, as you know. One attorney tells me I can photograph anyone in public where another one is not so sure. I sell my images at art galleries and via art festivals. WHAT do you do and is there definitive language that spells out what is really correct and current about the need for releases. I trust my fellow shooters more than people who may not be close to the art. Thanks
Hi Steve,
Great question. This is a popular topic. I follow the release guidance for the organisation I contribute to. Each one is different. For example, I find that ImageBrief is more strict than EyeEm.
Check out EyeEm's blog post on releases and when you need them. In particular these two:
1) For a commercial license you will need a model release:
a) If a person is the focus of an image.
b) If they are identifiable, for instance by their face or by a physical features like a tattoo.
2) You need a property release:
a) If landmarks, trademarks, logos, or artwork are the main focus of the photo.
b) If they are not the main focus but identifiable in the photo.
https://www.eyeem.com/blog/do-you-need-a-legal-photo-release/
share & enjoy,
mark
Your profile says you are in the US. Under US law you don't need a model release to take or sell photographs - that is considered artistic use.
In some states you need the subjects permission (often in the form of a signed model release) to use their likeness for commercial USE*. That means use to advertise, promote, market a cause, product, service etc.
A good way to remember is that if you are selling a picture of me you don't need a release. If you are using my picture to sell/promote something else you need a release.
* Use, not sale, is the important point.