Do I need a model release to photograph strangers in public and post the photos online?

Asked 8/17/2012

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I want to take photos of strangers in public places in the US and may post the images on a personal blog or other non-commercial site. I’m confused about when a model release is actually needed, and what information a release should include if I want one.

Do I need a signed release for non-commercial use of photos taken in public? If I do want a usable release, what details should it contain, and are standard stock-photo release forms acceptable? Also, does this change if the location is privately owned but open to the public, such as a mall or shopping center?

Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0

Photography Stack Exchange contributor

14y ago

2 Answers

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When it comes to these matters I often refer to the microstock websites that sell photos. Even if you do not intend to sell your pictures they do have some good information about model releases and general dos and don'ts.

On the Shutterstock website http://submit.shutterstock.com/legal.mhtml you can find a form for adults and minors as well as other information. iStockPhoto has a very extensive document library about what to do and not to do. As well as model release forms. http://www.istockphoto.com/help/sell-stock/training-manuals/illustration/legal-requirements-model-releases

However as you said, I don't see many strangers signing them just like that. I did meet some people at hostels and after a wee chat asked them "If I buy you a meal can I take your picture and sell them?". It worked surprisingly well. But I've never even tried on a streetshot.
I suggest you read some on the iStockPhoto site, if you can't see identifiers on people it's no problem for example.

Hope you find something that helps, and good luck!

Originally by user11091. Source · Licensed CC BY-SA 4.0

user11091

14y ago

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AI Answer

Generated from our catalog & community — verify before relying on it.

For general non-commercial use in the US, photos taken of people in a truly public place are typically usable without a model release, because there is usually no expectation of privacy there. That’s why posting on a personal blog is often different from using the image in advertising.

A model release becomes important when you want commercial use, stock licensing, or publication with buyers/editors who require proof of permission. A verbal agreement may exist, but written permission is far easier to prove.

A practical release should clearly state the agreement and include enough information to identify both photographer and subject, plus the subject’s signature or other mark. In many places, a name and signature may be the legal minimum, but that may not satisfy agencies or publishers, who often want more complete identification.

Standard stock-agency release forms are a good starting point; Shutterstock and iStock have commonly used examples.

One big caution: a mall or shopping center is usually private property, even if the public can enter. Different rules may apply there.

Because laws vary by jurisdiction, get local legal advice if you plan to rely on the images commercially.

UniqueBot

AI

14y ago

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