When am I required to obtain a model release

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I take alot of what I call people shots. Shots in streets etc. If I take a close up of someone in the street and they are the main subject in the photo and they can be clearly identified am I required to obtain some type of written agreement from them to allow me to exhibit the photos.? Under what circumstances am I required to obtain a release.

-- Jim Wright (jimbow@spin.net.au), October 01, 1997

Answers

As it stands you would be required to obtain a model release from the subject if the person(s) is recognizable and the image is used for financial gains to yourself, especially if it is used in advertising (e.g. for your business). As far as I know you do not need a release if the image is being exhibited for non-profit purposes. However I believe that even this is being challenged in court right now. It is not as clear cut as it used to be and there are some considerable moral questions to be considered with 'candid' photography. You should be able to obtain a release form from any portrait studio or you can make your own. It is there to protect both you and the subject.

-- Andy Laycock (pbrlab@unixg.ubc.ca), October 01, 1997.

Doubtless it also depends on what country you take the shots in, or show the photos.

-- Alan Gibson (Gibson.AL@mail.dec.com), October 07, 1997.

You don't need to if used them in editorial. Definitely not when you exhibite them. Think about all the street photography by Robert Frank etc. Definitely when you sell them in stock photo agency.

-- Kevin On Man Lee (kevin.o.m.lee@bc.sympatico.ca), December 18, 1997.

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