Although the need for a release is ultimately determined by how the image is used, model & property releases have become commonplace in the stock photography world irrespective of end usage -- particularly with the large stock houses, which often have indemnification clauses with their customers.
The laws concerning model and property releases and stock photos are confusing and vary wildly from place to place. Stock agencies often set their own policies regarding releases that in many cases are stricter than the laws themselves.
Only a lawyer can tell you whether or not a model and/or property release is actually required for your images. However, it is strongly recommended for photographers to obtain releases whenever possible.
Many major buyers will not even consider an image that is not model released. Advertising agencies, in particular, will categorically refuse to view non-released images. This can be a major impediment to generating revenue because commercial usage can frequently run into the thousands of dollars. A release also offers you legal security as a photographer.
The following guidelines do not constitute legal advice, but can serve as an educational starting point.
Looking for a model release? You can download sample releases here:
The laws concerning model and property releases and stock photos are confusing and vary wildly from place to place. Stock agencies often set their own policies regarding releases that in many cases are stricter than the laws themselves.
Only a lawyer can tell you whether or not a model and/or property release is actually required for your images. However, it is strongly recommended for photographers to obtain releases whenever possible.
Many major buyers will not even consider an image that is not model released. Advertising agencies, in particular, will categorically refuse to view non-released images. This can be a major impediment to generating revenue because commercial usage can frequently run into the thousands of dollars. A release also offers you legal security as a photographer.
The following guidelines do not constitute legal advice, but can serve as an educational starting point.
Looking for a model release? You can download sample releases here:
What is the point of a model release?
Model releases are required primarily to protect two of the subject's rights: the right to publicity and the right to privacy. The right to publicity ensures that everyone has the right to control how and when their likeness is used. When a model signs a release they are allowing the photographer to profit from the sale of their likeness.
The right to privacy gives everyone the right to live a private life. Although a person in a public venue is fair game to photograph, people can reasonably expect not to be photographed in private areas against their will. Similarly, a model release therefore asserts that the photographer had permission to take a particular picture, and that the subject has consented to their likeness being sold as stock.
In addition, models can request that the picture not be used in certain contexts (such as to promote cigarettes or prescription drugs) through the model release.
What is the point of a property release?
The legal support for a property is practically non-existent, yet the practice of obtaining releases has become commonplace in our ever-litigious society. So we encourage you to obtain a property release -- particularly when you are on private property while shooting. For a legal opinion, check out the PhotoAttorney's thoughts.
Please note that in this case property refers to buildings, land, and potentially any other private property and possessions, including pets.
Why do stock sites require model and property releases?
Stock sites require releases partially to protect themselves from a lawsuit should a legal dispute arise, but mainly for the convenience of the buyer. Commercial image buyers are careful and often require releases for all their projects.
There have been a number of legal cases where models have successfully sued buyers and photographers over images taken or sold without their permission. Some of the more famous cases in recent memory have involved inappropriate commercial use of Flickr users' personal photographs.
Property release issues do not have such clear-cut precedents, but buyers still don't want to open themselves up to any risk, and most are very careful to use only released images for advertising or other commercial usages - especially if a property is famous or immediately recognizable.
So, while there is a legal justification for model releases, the more significant reason from a photographer's perspective is that a release increases the earning potential of a stock image.
The right to privacy gives everyone the right to live a private life. Although a person in a public venue is fair game to photograph, people can reasonably expect not to be photographed in private areas against their will. Similarly, a model release therefore asserts that the photographer had permission to take a particular picture, and that the subject has consented to their likeness being sold as stock.
In addition, models can request that the picture not be used in certain contexts (such as to promote cigarettes or prescription drugs) through the model release.
What is the point of a property release?
The legal support for a property is practically non-existent, yet the practice of obtaining releases has become commonplace in our ever-litigious society. So we encourage you to obtain a property release -- particularly when you are on private property while shooting. For a legal opinion, check out the PhotoAttorney's thoughts.
Please note that in this case property refers to buildings, land, and potentially any other private property and possessions, including pets.
Why do stock sites require model and property releases?
Stock sites require releases partially to protect themselves from a lawsuit should a legal dispute arise, but mainly for the convenience of the buyer. Commercial image buyers are careful and often require releases for all their projects.
There have been a number of legal cases where models have successfully sued buyers and photographers over images taken or sold without their permission. Some of the more famous cases in recent memory have involved inappropriate commercial use of Flickr users' personal photographs.
Property release issues do not have such clear-cut precedents, but buyers still don't want to open themselves up to any risk, and most are very careful to use only released images for advertising or other commercial usages - especially if a property is famous or immediately recognizable.
So, while there is a legal justification for model releases, the more significant reason from a photographer's perspective is that a release increases the earning potential of a stock image.
Continue reading Model and Property Releases.
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