When is a Model Release Required?
DISCLAIMER: THIS IS NOT LEGAL ADVICE. I AM NOT A LAWYER. DO NOT DEPEND ON THIS.
A model release is often required if a person could say: “Hey! That’s me!”
When submitting a photo to a microstock agency, an agency will generally require a model release when:
- A person is pertinent to the image in some way, and;
- A person could conceivably in any way identify themself in the photo.
Model releases for each person in a photo must be dated and witnessed, and a copy submitted with each photo.
When is a Model Release Not Required?
You don’t need a model release when:
- The person cannot be identified in any way, for example, when a general body part such as an arm is shown.
- The person is not a signficant part of the image, for example, when they are part of a general crowd.
- You are using the photo for personal use only, such as in a private photo album.
- The photo is used strictly for fair use purposes such as editorial news stories.
When Do Microstock Agencies Require Model Releases?
Anytime the person is a significant part of the image and can be identified in any way. This includes a silhouette with defining features, a tattoo, their relationship to you. If the person is merely in the photo but is incidental to the photo and not a significant part of the image, then you may be OK without a release.
