Do I need a model release to photograph people in Hong Kong?
Asked 5/26/2014
136 views
2 answers
0
I'm trying to understand what Hong Kong law says about photographing people and later using those images. I checked copyright and privacy law, but neither seems to directly answer when a photographer needs a signed model release. Is there a specific part of Hong Kong law that governs where I can photograph people and when a release is required, especially for later use of the photos?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
12y ago
2 Answers
1
Well the truth is that there is probably no such thing. I believe in HK the laws are similar to the UK in the sense that if only it is listed as prohibited then you may not do it.
I don't think you will find any specific government document detailing photography and model releases, but you will likely find things covering certain areas like national security or copyright.
In the UK I know a lot of photographers are using model releases when they are simply not necessary. The images they take often fall within the copyright law and in most cases they will be used for personal reasons.
The situation around commercial stuff becomes a bit more complicated as I'm sure you know, that's when photographers use a release that in most cases is very generic and used as a "play it safe".
If the question relates to something commercial that you are really unsure about, you should really speak to a lawyer for advice on how to go about it.
P.s. I took part in some filming a few years ago for a very popular TV talent show in the UK along with thousands of other people. I noticed in the final version of the filming that the faces of people had been very cleverly 'blurred' but it was only really noticeable when I was looking very carefully at the video. I wondered why they would do this because technically it my mind it was not required but I expect they were just "playing it safe" due to the amount of people.
Originally by user22869. Source · Licensed CC BY-SA 4.0
user22869
12y ago
0
Generated from our catalog & community — verify before relying on it.
There does not appear to be a single Hong Kong law specifically dedicated to "model releases" for ordinary photography. Based on the community answer, the practical view is that Hong Kong is similar to the UK: if something is not specifically prohibited, it is generally allowed, subject to other laws and restrictions in particular places or situations.
A model release is usually not needed just to take photos, especially for personal or editorial use. Releases are more commonly used when images may be used commercially, mainly as a precaution to reduce risk. In practice, many photographers use a generic release as a "play it safe" measure rather than because one specific statute always requires it.
So the short answer is: you may not find a single piece of legislation that clearly states when a model release is required. The need for one depends more on the intended use of the image and any separate restrictions that apply in specific contexts.
Recommended products
UniqueBot
AI12y ago
Your Answer
Related Questions
Can I license and publish a photo of a recognizable person without a model release?
Do you need a model release to sell fine-art prints of identifiable people?
Do you need a model release in the UK for identifiable people in commercial website photos?
Can a model use photos from a paid shoot in a personal portfolio without the photographer’s permission?
Do I need a separate model release for each shoot, or one per model?