Ever signed a model release and wondered what it means? This blog dives into the rights you gain and the situations where a release is necessary.
There are two main reasons you might find yourself in a stock photo:
1. Unknowingly Captured: A photographer snapped a picture of you in a public place and is now selling it on a stock photo website. If this applies to you, check out our blog on what to do if you see yourself in a stock image.
2. Agreed to be in the Image: You gave the photographer permission by signing a model release. This blog will detail your rights in this scenario.
Model Releases Explained:
A model release is a legal document requiring the signature of anyone clearly recognizable in a photograph. This grants the photographer permission to use or sell the image.
When is a Model Release Required?
1. Commercial Use: The image is intended for selling, promoting, or endorsing a product/service, raising money for a cause, or use in advertising, marketing materials, publications, or consumer goods.
2. Clear Recognition: The photograph clearly identifies you, and the photographer intends to use it commercially.
No Release Needed:
1.Editorial Use: The photo appears in a news article, critique, or educational text.
2. Public Place: The photo was taken in a public space, and the image is used for editorial purposes only (e.g., a crowd shot at a festival).
Before You Sign:
1. Read Carefully & Request a Copy: Understand the agreement fully and keep a copy for future reference.
2. Sensitive Uses: Ensure the release covers sensitive uses like references to health, social issues, or anything potentially offensive. Our standard release form covers such situations, but practices may differ across agencies.
3. Time Frame: Most releases have no expiry date. Double-check before signing, especially if you signed one a long time ago.
4. Be Certain: Signing a model release is legally binding. Once you sign, there are limited options if you change your mind later.
When You Can Take Action:
1. Sensitive or Defamatory Use: Even with a signed release, you have recourse if the image is used in a way that is:
2. Defamatory: The image is used with false or misleading information that harms your reputation.
3. Sensitive in a way not covered by the release: This could include references to health issues, political views, or anything potentially damaging to your image.
Defamation vs. Editorial Use:
A model release isn’t required for editorial use, even if the image depicts a sensitive topic. While good practice dictates using captions like “posed by [model name],” it’s not legally mandatory. If you encounter an image being used defamatorily, seek legal advice or report the image to the stock photo agency.
Key Terms:
Editorial Use: Images used to illustrate news articles, critiques, or educational texts. (No model release required)
Commercial Use: Images used to sell, promote, or endorse products/services, raise money for a cause, or used in advertising, marketing, publications, or consumer goods. (Model release typically needed)
Model Release: A legal document granting permission to the photographer to use or sell a photo.
Sensitive Use: References to health, social issues, sexual content, substance abuse, crime, political views, or anything potentially offensive, defamatory, or unflattering to the person in the image.
Defamatory Use: Using an image in a way that damages the subject’s reputation through false or misleading information.
Additional Resources:
Download our model and property releases here (if applicable). Learn what to do if you see yourself in a stock photo without signing a release.