Can I license and publish a photo of a recognizable person without a model release?
Asked 1/31/2016
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If I photograph a recognizable person in a public place, can I still upload the image to sites like Flickr or 500px and license it under Creative Commons such as CC BY or CC BY-NC without a model release?
I understand that a model release is usually required for commercial stock use, but I’m unsure how that relates to copyright licensing. Does the answer differ for editorial use, or if the person is the main subject versus just one of many recognizable people in the background?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
10y ago
2 Answers
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You're confusing copyright licencing with model releases, they are separate and not actually related.
Licencing and copyright govern who is permitted to have the images and if/where/when they can reproduce a work.
A model release indemnifies a licensee should they show the subject(s) endorsing a viewpoint that the subject does not hold or shows them in a negative light. Without this indemnity they risk Libelling the subject who would be able to seek redress and damages through legal channels with a reasonable chance of success.
For more information see:- What can and cannot be legally done with editorial photos?
If your image has been taken on the street then some additional caveats may apply...
Most regions operate under the rule of an "expectation of privacy" and usually if you can see someone from a public place then you're free to photograph them, but that does not apply everywhere. Obviously you definitely should not distribute it if you shouldn't have taken it as you're publishing evidence of your crime.
Also if any person is identifiable in the image, prominent or otherwise, then Data Protection rules may come into play since while personal data is frequently considered "information necessary to identify and locate a person", this depends on jurisdiction. Some would consider a clear photo of a person's face sufficient.
Even though you may be legally permitted to post/sell/share images you've taken it does not mean that it is ethical to do so (for example if the subject has specifically asked you not to)... and even if you are in the right the cost of defending yourself in a civil action may be significant even if you win. Sharing them on flickr/500px is not usually an issue but as with any legal question, if you're unsure then you should retain the services of a local expert.
Originally by user14028. Source · Licensed CC BY-SA 4.0
user14028
10y ago
0
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Yes, you can often publish the photo, but copyright licensing and model releases are different issues.
A copyright license such as CC BY or CC BY-NC only says how others may copy, share, or reuse your photo. A model release is separate: it helps protect against claims involving a person’s likeness, such as implied endorsement, defamation, or other personality/privacy issues.
So a lack of model release does not automatically stop you from uploading or licensing the image. What it does affect is how safely the image can be used, especially for commercial or promotional purposes. That is why stock agencies usually require releases for commercial licensing.
Editorial use is generally treated differently from commercial advertising use, but exact rules depend on local law. Photos made in public may also be affected by whether the subject had a reasonable expectation of privacy.
Whether the person is the main subject or just part of a crowd can matter in practice, since a clearly identifiable main subject raises more concern than incidental background people, but it is still a separate question from copyright.
In short: choose a copyright license based on how you want others to reuse the image, but understand that a license does not replace a model release.
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