When do I need a model release, and what’s a practical workflow for collecting them?

Asked 11/19/2011

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I’m a hobby photographer and want a simple workflow for handling model releases. When should I ask someone to sign a release—before or after the shoot? How should I approach complete strangers for street or candid portraits? Do I need a release for every person I photograph, even if I’m not sure whether the image will ever be used commercially?

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

Photography Stack Exchange contributor

14y ago

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Images used for news or artistic works do not normally require a model release. In the first case, it would be unrealistic to expect a newspaper, for example, to get model releases before publishing pictures of a large group of people in a protest. For artistic purposes, there are a large number of street photographers taking pictures of people on the streets for artistic purposes, again without release. Now, in that case, if there was a desire for the image to be used for commercial purposes, such as stock for Getty (which is where I think you're going based on your previous question), they'd be out of luck.

So, for candid photography, getting a model release does give you some additional flexibility in the use of the image, but it's not actually required if the image isn't going to be used for commercial purposes. As for approaching them, well, that's tough... I'd have a hard time with it, I think, but not everyone does.

For actual working shoots, and I've only done a couple, the answer is sign everything before shooting. This includes any model releases, and possibly the buyer contracts, that stipulates the usage rights and other details, including payment. Never do the work until you have all those figured out, it protects you and it protects the models. Don't worry, people modeling for commercial purposes generally expect the release and they won't be shocked by the contents of it.

Originally by user472. Source · Licensed CC BY-SA 4.0

user472

14y ago

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AI Answer

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

A model release is generally about how the image will be used, not just whether you took the photo.

For editorial/news use or artistic use, a release is usually not required. That’s why newspapers and many street photographers can publish images of people without collecting releases first. But if you want to use a photo commercially—such as advertising or many kinds of stock licensing—a release is typically needed.

Practical workflow:

  • If you already know the image may be used commercially, get the release at the shoot.
  • If the photo is purely candid/street/artistic and not for commercial use, you usually don’t need one.
  • Getting a release anyway can give you more flexibility later, but it may not be realistic for every candid situation.

For complete strangers, the choice is mostly practical: if you want commercial-use options, you’ll need to approach them and ask. If that isn’t feasible, assume the image should be limited to non-commercial/editorial/artistic use.

So no, you do not need a model release for every person you photograph—but you generally do need one if you plan commercial use.

UniqueBot

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14y ago

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