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Necessity of model releases


bosshogg

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I have a grant to put together a book of our community. It will have pictures of parades and participants, street

scenes, deliberate portraits, city council meetings (and other public meetings) as well as architecture and other

community elements. My question is whether or not I have to have a model release for every identifiable person. I

know this subject has been addressed before, but I've not found exactly the information I need.

 

BTW, I don't think it makes any difference, but the proceeds of the book sale go to a non profit corporation.

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Technically I believe the answer is no, you don't NEED model releases. It's not advertising or usage for "commercial purposes" (which pretty much means advertising, not that you make some money from the image). It's more like pictures you'd see in a newspaper (editorial usage) and you know that newspapers don't get model releases for everyone that appears in every picture in the paper.

 

It certainly would not HURT to get a release at least from anyone who the main subject of a picture.

 

If the non-profit has a lawyer, it wouldn't be a bad idea to just check with them.

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***not a lawyer***<p>

There are basically two issues: one, is it a photograph of public behavior, and does it tend to demean or defame the subject? If either answer is yes, you should not publish it without a release. Two, did you enlist the cooperation of the subject in taking the picture? If the answer is yes, it would be smart to get a release as your subject can argue that he or she provided a useful service for which compensation is appropriate. The rules are different outside the U.S., so it's a good idea to be careful about publishing travel pictures.<p>

***not a lawyer***

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