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Author Topic: model release  (Read 1081 times)

mokenny74

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model release
« on: September 30, 2017, 12:13:13 AM »

I took a landscape picture with a person in the foreground and their back is towards the picture and the person is not recognizable. Do I need a model release from the person ?
Thanks

Mo Kenny
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Tony Jay

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Re: model release
« Reply #1 on: September 30, 2017, 05:46:30 AM »

I took a landscape picture with a person in the foreground and their back is towards the picture and the person is not recognizable. Do I need a model release from the person ?
Thanks

Mo Kenny
No, they need to be recognisable.
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kikashi

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Re: model release
« Reply #2 on: September 30, 2017, 01:34:32 PM »

No, they need to be recognisable.

Recognisable or identifiable, Tony? With what degree of diligence? And in which jurisdiction?

You may well be right; I don't know. I have a couple of shots with a similar potential problem. The person could probably prove his own identity, given knowledge of the time and date of the photo.

Jeremy
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BobShaw

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Re: model release
« Reply #3 on: September 30, 2017, 08:50:28 PM »

without being a lawyer or knowing the law where you live ..
Assuming it was taken in a public place and the person is incidental to the shot then there is no problem.
Otherwise there would be no newspapers or TV news.
The average person walking through a major city is photographed 400 times a day apparently.

If they have their back to you then they have little comeback.

If they can identify themselves then great, sell them a print.
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Slobodan Blagojevic

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Re: model release
« Reply #4 on: September 30, 2017, 09:00:28 PM »

One thing missing from the OP question is what is he going to do with that picture? Unless the intent is commercial, no model release is necessary, even if the person is recognizable. And "commercial" means advertisment, not simply making money off of it. In America, at least. I remember reading that, for instance, in France, you can not take a picture of anyone on the street without their permission, which I think is crazy.

mokenny74

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Re: model release
« Reply #5 on: October 04, 2017, 12:50:19 AM »

The intent is not for commercial but for exhibitions and sale
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kikashi

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Re: model release
« Reply #6 on: October 04, 2017, 03:48:07 AM »

The intent is not for commercial but for exhibitions and sale

You need to give some thought to defining your terms. What is "sale" if not "commercial"?

Jeremy
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Slobodan Blagojevic

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Re: model release
« Reply #7 on: October 04, 2017, 08:32:42 AM »

You need to give some thought to defining your terms. What is "sale" if not "commercial"?
Jeremy

Jeremy, in America, commercial, for the puporses of model release, is defined as a commercial advertisement. So, you can have an exhibit in a gallery or art fair and sell prints. You can even offer them for sale on your website, and it is still not considered "commercial."

kikashi

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Re: model release
« Reply #8 on: October 04, 2017, 02:22:32 PM »

Jeremy, in America, commercial, for the puporses of model release, is defined as a commercial advertisement. So, you can have an exhibit in a gallery or art fair and sell prints. You can even offer them for sale on your website, and it is still not considered "commercial."

Fair enough. Do we know in which country mokenny lives?

Jeremy
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mokenny74

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Re: model release
« Reply #9 on: October 12, 2017, 01:03:18 AM »

I live in the USA
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kikashi

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Re: model release
« Reply #10 on: October 14, 2017, 04:26:06 AM »

I live in the USA

Then you should ignore anything I say. About law, anyway.

Jeremy
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Sigi

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Re: model release
« Reply #11 on: November 08, 2017, 09:39:00 AM »

What are you doing if you have persons in the picture who can nor read or write i.e. rural Africa etc..?
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