An important question for photographers and models today is whether or not release forms are necessary. Educational and informational use of photos generally does not require a release. Beyond those two general categories however, release forms raise interesting questions.
The professional photographer/model relationship is given legitimacy and clarity with a release form. The model knows exactly how the photographer is going to use her images, and she gives explicit permission for such use. Misunderstandings are avoided and the photographer is free to use the photos as the release dictates.
This is especially important in using images on the internet. Models need to know how and where their pictures are going to show up. A generic statement that includes all possible media and venues, a ‘covering the waterfront’ statement lets them know the photographer is in charge of where the images will be placed.
Some commercial venues are obvious—printed advertisements, brochures and posters advertising a product or service, any product that will be ultimately sold to the public, and any eCommerce sites (such as photography), to name a few. Although legal issues surrounding use of photographs in the industry are almost unheard of, obtaining written permission from models to use photographs of them is good insurance. The photographer can avoid even the potential legal hassle with a release form.
So what about non-commercial uses? Or the commercial-gray areas, such as photojournalism? If photos become a story that is sold to a magazine or newspaper or ezine, is a release necessary, especially if one or more photos feature a person? The owner of the story is making a profit from the sale of the article/pictures. Does the person featured have a proprietary interest in the pictures? We suggest the answer is yes, even if it’s only on grounds of behaving with respect and consideration for others. The legal issues haven’t been identified, so far as we can determine. However, out of respect for those whom you shoot, whether it is a professional model or a passerby on the street, securing their permission to use their image(s) is respectful.
Securing permission is wise even when you photograph people you do not know. Written permission on a release form prevents someone from subsequently changing his/her mind.
Some really great candid photography shows up sometimes years after the actual photo was taken. You may have opportunity to use a photo stored in your digital picture files that is just perfect for a commercial project you’re involved in. When the photo features a person, it’s not only wise and respectful but also helpful to know who that person is. Release forms provide that information.
http://www.articles-central.info/Article/Model-Releases---Do-You-Need-One-/109005
