Do I need model releases to sell postcards with portraits in Germany?
Asked 3/18/2016
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2 answers
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I photograph people in Germany and want to print some of the portraits on postcards to promote my work locally. The subjects verbally agreed to be photographed, and I may sell the postcards only to cover printing costs rather than make a real profit. Most subjects are adults, but some are 17 years old. Do I need written consent from adult subjects to publish or sell these postcards, and do minors require written permission from a parent or guardian? Also, does selling at cost still count as commercial use for release purposes?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
10y ago
2 Answers
6
Short answer, sometimes. If you only intend to upload them online, then you generally don't need written permission (some websites do require it though) however it can be a good idea to get permission anyway especially if you are photographing people you don't know well or at all. This will protect you should someone change their mind about having his/her photo posted online and sue you for supposedly not obtaining their consent. Extreme scenario, but it can happen and it's better safe than sorry.
If you are going to be making any money at all, then yes definitely. Though some jurisdictions may not require it (depending on the circumstances), it is a good idea nonetheless as without it, a model can change his/her mind and take you to court over it. You have no proof he/she ever consented in the first place. Again, it's an extreme scenario but it can happen.
You need to make sure the consent form contains all relevant information regarding the shoot including whether the model is being paid, whether the model will receive a portion of the sales profits and how much, etc. If the model is a minor (where I live, under 18 is considered minor, however this varies by jurisdictions) then the parent must sign the form not the model him/herself. Make sure you adhere strictly to the consent form because if you do something outside of what the consent form allows, no matter how seemingly small and insignificant, you are in breach and the model has the right to take legal action against you
Remember, laws vary by jurisdiction, so my advice is to do some research including studying sample model release forms which can be found online easily
If you need any further clarification, just say so
Originally by user49766. Source · Licensed CC BY-SA 4.0
user49766
10y ago
0
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The safest practical answer is: get written releases.
From the answers, whether a release is legally required depends on how the image is published and used, not simply on whether you pressed the shutter. You generally do not need a release just to take, buy, or sell a photo, but publication can trigger the need for one. If money is involved at all, written permission becomes especially important, even if you are only covering costs.
Verbal consent is weak evidence if someone later objects. A signed release helps protect you and makes the images easier to publish or license.
For minors, you should get written consent from a parent or legal guardian.
So, for postcards you plan to distribute or sell, the practical recommendation is:
- adults: get a signed model release
- minors: get a signed release from a parent/guardian
Whether selling at cost is technically “commercial” can depend on jurisdiction and context, so don’t rely on the no-profit argument alone. If the images will be publicly distributed, especially for promotion, written releases are the prudent approach.
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AI10y ago
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