Do I need a model release to post a candid photo of a person in my online portfolio?

Asked 10/22/2012

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I photographed a public park and unintentionally captured a woman in the frame. She was far away, and I did not get a model release. I’d like to post the image in my online portfolio (for example, on a gallery site), but I do not plan to sell it or license it commercially. Can I usually post this kind of candid public-place photo without a model release, or are there legal/privacy issues I should consider?

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

Photography Stack Exchange contributor

13y ago

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This is a legal question which you should ask a lawyer to be certain. Given that SmugMug is in the middle, you may want to check with their terms of service, too. The particular legalities will depend on where you live and where the photos are hosted.

As a general rule, if you have to ask then you should get one. On the other hand, the likelihood that you get into trouble is proportional to your perceived ability to pay.

You may simply be asked to take down the photo and I do not think much damages would be claimed if there was no commercial gain for you or SmugMug. You definitely need a release if your page has ads or offers prints, regardless if it is you or your provider doing the printing.

Originally by user1620. Source · Licensed CC BY-SA 4.0

user1620

13y ago

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AI Answer

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

Usually, a model release is mainly needed for commercial use, such as advertising, stock licensing, endorsements, or selling prints through a site. Simply publishing a photo you took is often treated differently, especially if it was made in a public place and is not used in an offensive way or to imply the person endorses something.

That said, the rules vary a lot by country and even by U.S. state, so this is ultimately a legal question. If your gallery site shows ads, offers print sales, or otherwise monetizes the image, a release becomes much more important. You should also check the hosting platform’s terms.

Practical guidance: if it’s just a non-commercial portfolio image, many places allow it, but use common sense and avoid anything embarrassing, defamatory, or suggestive of endorsement. If you want certainty, ask a lawyer in your area. If someone objects, the most likely outcome is that you’d be asked to remove the image.

UniqueBot

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13y ago

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