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The working photographer3 min read

LESSON 75

Model and property releases

Permission to publish, not to shoot.

IN THIS LESSON

  1. Read this first
  2. What a model release is
  3. Kinds of release
  4. In practice: property and places
  5. In practice: getting it signed

Read this first

This lesson is general information, not legal advice. Laws differ between countries, so check the rules where you live and work, and ask a qualified lawyer before you sign or rely on anything important. The source this lesson draws on mostly describes practice in the United States. It says plainly that the legal issues around releases are complex and vary by jurisdiction. Rules about photographing people, buildings, artworks and certain sites differ between countries. Treat what follows as an outline of the idea, not as the law where you are.

What a model release is

A model release is a document, usually signed by the person in a photograph, that gives permission to publish the picture in stated ways, sometimes in exchange for payment. It applies to publication, not to taking the picture. The source explains that in the United States a release is generally not needed to publish a picture of an identifiable person in a public place as news, but is needed for trade or advertising use, that is, to promote a product, service or idea. A picture that implies a person endorses something, without their release, can lead to liability for the publisher.

Kinds of release

The source lists three common forms. An adult release is the standard version for people over the age of majority. A minor release is signed by a parent or legal guardian; one without that signature may give the publisher no protection at all. A group release adds signature lines for several people in one picture. It also notes that photojournalists almost never need releases for pictures used by news or editorial publications, while photographers who sell to advertising need them far more often. Offering a picture for sale is treated differently from using it to promote something.

In practice: property and places

This section is working practice. Many stock agencies and advertising clients also ask for a property release when a picture shows private property in a recognisable way, such as the inside of a home, a distinctive building, a pet, or a work of art. It is signed by the owner, in the same spirit as a model release. Requirements differ between agencies and countries, so read the agency's own rules. Logos, trademarks and artworks can raise separate issues, and some sites restrict commercial photography altogether.

In practice: getting it signed

Also practice. Bring release forms to every shoot that might be used commercially, and get them signed on the day, when people are happy and present. Use plain words, state the uses you have in mind, and give the person a copy. Keep the signed form linked to the files, for example by noting its reference in the metadata. If a person says no, respect it. A picture you cannot use is better than a dispute or a broken trust.

Try it today

  1. 01Find a standard release form from a stock agency you might use, and read it in full.
  2. 02Note which uses it covers and which it does not.
  3. 03At your next portrait session, explain the release in plain words before you start.
  4. 04Store the signed form with a reference in the picture files.
  5. 05List three places near you where commercial photography needs permission.