Any time you take a photo for any type of commercial purpose that includes a person in it, you will most likely need a modeling release. A modeling release is a signed document that states an individual has given you the right to use their photo – or in legal terms, their “likeness” – for commercial purposes. In essence, an individual ( or “model”) is giving you the right to broadcast or distribute their photo or likeness to the public.
Modeling releases are not just for professional models that are paid to be in photographs, they are for anyone whose photo you are taking for any kind of commercial purpose. There are some exceptions to this, however. Here are 3 important points to consider to determine whether you do or do not need a model release.
Usability
If you are taking a photo to post on your own personal use such as posting on social media, you generally don’t need a modeling release. There are a few instances when you might use a photo commercially that you don’t need a release, such as newspapers or educational books. Ultimately, however, if you plan on using someone’s image on or in anything you intend to sell or use as any type of promotional material, you most likely need a signed release. If you intend to license the image, you most definitely need a modeling release.
Recognition
You don’t generally need a release if you can’t see someone’s face in a photo. For the most part, you only need a release for anyone whose face can be clearly identified in the photo. Another way around this is to simply blur the faces of anyone that you don’t have a release for.
Location
For the most part, photos taken in public locations such as parks, streets, fairs, and festivals do not require releases. That being said, if you have any intention of using the photo commercially, then you still need a modeling release. This is particularly true of minors, that must have a release signed by a parent or legal guardian. Bottom line is, if you can recognize someone in a photo, it is always best to get a modeling release if you can. You might still be able to use the photo without one, but you are always taking a liability risk by doing so.