Model Release Model Release: There’s an App for That
December 22, 2014 Donald Scarinci

Model releases are an important legal tool for anyone who plans to use their photographs for commercial purposes. The legal contracts protect photographers from a variety of legal claims, such as invasion of privacy and defamation, by memorializing in writing the rights and obligations of the subject and the photographer. For photographers who don’t want to carry around a stack of documents, “there’s an app for that.” In fact, there are several. While mobile apps may not be sufficient when photographing professional models, they will certainly do the trick for street photographers and other professionals who shoot on the fly….

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Model Release Model Releases for Street Photography
November 24, 2014 Donald Scarinci

When taking unscripted photographs on the street, most photographers don’t want to pull out a lengthy contract for their subjects to sign. Therefore, it makes sense to carry along a scaled down version of your standard model release. Photographing people in public view does not require their consent. However, if the subjects will be recognizable, it is always a good idea to obtain a model release. If you plan to use or license the image commercially, it is a necessity. Without a model release, you could face litigation involving claims such as invasion of privacy and defamation. Scaled-down model releases—often called pocket…

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Model Release Model Releases for Digitally Manipulated Photographs
October 27, 2014 Donald Scarinci

Given the number of digital editing tools available, a photographer’s final image may be remarkably different from what the camera initially captured. The background may be completely different, words and phrases may be added, or the subject’s features may be distorted. Models should be advised of these possibilities prior to signing a release. As discussed in prior posts, a model release is a contract between the subject and the photographer. The subject grants permission for his or her image to be used for commercial purposes. In exchange, the photographer provides something of value, which can range from monetary payment to…

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Model Release Model Releases When Photographing Children
September 29, 2014 Donald Scarinci

Model Releases When Photographing Children     Photographing children comes with unique legal concerns that must be taken consideration when securing a model release. As highlighted in previous posts, a model release is a contract between the subject and the photographer. The photographer offers to take a photograph (in the context of a professional model in exchange for remuneration), while the subject offers to grant permission to have the picture taken and authorize its later use. Since minors under the age of 18 do not have the legal capacity to enter into binding agreements, you need to seek permission from…

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Model Release The Essential Terms of a Model Release
September 2, 2014 Donald Scarinci

In its most basic terms, a model release is a contract between the subject and the photographer. The subject grants permission for his or her image to be used for commercial purposes. In exchange, the photographer provides something of value. Every legal contract must contain three essential elements: offer, acceptance and consideration. In many cases, the photographer offers to take a photograph (in the context of a professional model in exchange for remuneration), while the subject offers to grant permission to have the picture taken and authorize its later use. Signing and accepting the release indicates the parties’ acceptance of…

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Model Release When Do Photographers Need a Model Release?
August 4, 2014 Donald Scarinci

When Do Photographers Need a Model Release?   A model release is a legal agreement between a photographer and a subject. It is designed to release the photographer from certain types of liability that may arise from use of the image, such as rights of publicity, invasion of privacy, and defamation claims. Many photographers mistakenly believe that you only need a release when photographing a professional model. However, to ensure the best legal protection, you should obtain a release any time you take a picture where a person could be recognized. Examples include a couple strolling the beach, a performer…

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