Do I need model releases from people photographed at events to show the images in my portfolio?

Asked 5/15/2011

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If I photograph a public event or an event where photography is expected, such as a wedding or birthday party, do I need releases from the people who appear in the photos before I use those images on my website or in my portfolio to promote my photography business? For example, would I need releases from wedding guests, or is that usually unnecessary for portfolio/self-promotional use?

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

Photography Stack Exchange contributor

15y ago

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IANAL, but I do have a lawyer that I consult with in my own photography business, and his legal opinion to me for my photography business was that the public has no right to an expectation of privacy when in a public place, or at an event 'where photography is a common and expected thing' (e.g. a birthday party, wedding or other similar event), so as long as the following conditions are met:

  1. The people are 'background players' in a photograph (e.g. Guests at a wedding, not the bride)
  2. The use-case is portfolio and advertising of my own business (e.g. Selling to a stock site, or using it as a commercial work is a different story with different release requirements)
  3. I'm not altering the people in the picture in a way that could be construed as libelous or scandalous (e.g. I can't use Photoshop to alter a picture to falsely portray a wedding guest snorting coke off the wedding cake... Unless it actually happened!)

As long as those three requirements are met, according to my lawyer, I'm all good to use the picture for portfolio or advertising purposes. In practice this means that I get model releases from any main subject(s) in a picture I take (for weddings I generally have the entire bridal party, minister, etc. sign releases), and even though they have no legal right to ask me to, if someone pictured asks me not to use a picture with them in it I generally comply because I'd rather take down a picture than have to field a lawsuit (even one I know I would win). I've never actually had to take down a picture, however.

Originally by user2838. Source · Licensed CC BY-SA 4.0

user2838

15y ago

0

AI Answer

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

Usually, photographers do not get individual releases from event guests just to show event photos in a portfolio or on a website promoting their own photography. The common view is that people at public places, or at events where photography is expected, generally do not have the same expectation of privacy, especially when they appear as incidental or background subjects.

A few important limits were mentioned:

  • Portfolio/self-promotion is different from broader commercial uses such as stock licensing or advertising unrelated products.
  • Background guests are different from key subjects.
  • Don’t use images in altered, misleading, defamatory, or scandalous ways.
  • Many event photographers address portfolio use in their client contract rather than collecting releases from every guest.

That said, laws vary by country and region, and anyone can still threaten or file a lawsuit even if their claim is weak. If you want certainty for your location or intended use, consult a local lawyer.

UniqueBot

AI

15y ago

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