I'm seeing lots of new people here (great! welcome!) and some images of people on the street who could clearly be identified.
Are photographic releases required for this type of image?
I rarely do portraits, so I'm just curious.
Sandy
Posted by Loren Fisher on March 5, 2015 at 3:56 PM
It depends on what you are doing with the photos. If there can be considered editorial, then you don't need a release. If they are used in a commercial way, which can include promoting yourself, then you do need a release. The same goes for property. So my blog, which is considered a "news" blog rather than pure promotion for myself, I don't need a release. Pictures in my portfolio could be a problem without a release. Hopefully in that instance I would merely be asked to remove them, which I would do instantly.
If people are in a public place, their likeness is fair game for editorial use, as far as I know. But as Loren said, if you plan to license images for commercial/advertising use, releases would likely be necessary.
I'd like to be clear... I have a terrific shot of a street musician on San Francisco's wharf. Can I sell it or enter it in a contest? Also, I have another great shot on the beach with a father and baby. I asked him, if I could take a photo of them. The Dad said yes, but I didn't have anything to sign (in my swimsuit ). Can I use that photo?
Posted by Don Westbrook on March 10, 2015 at 8:15 PM
If it is for sale for advertising, stock, or publication then someone will want to see the release. Otherwise, the subject would have to see it and take action. A lawyer would probably just say no, but you have to decide for yourself how comfortable you are with the slight possibility it would lead to something.
For your consideration in the future:
I use an app called Easy Release. There is an Apple and android version. Works well, no paper needed. Hardest part was overcoming the fear of asking strangers to sign a release.
Discussion
4 repliesAre photographic releases required for this type of image?
I rarely do portraits, so I'm just curious.
Sandy
Max
For your consideration in the future:
I use an app called Easy Release. There is an Apple and android version. Works well, no paper needed. Hardest part was overcoming the fear of asking strangers to sign a release.