When is a photographer required to get a photo release?

If a photographer will be publishing a photograph which contains a recognizable image of a person, a photo release is often required.  Yes, there is a large exception to this rule if a photograph of a person’s image is being published for newsworthy purposes; however, what qualifies as newsworthy is a gray area and can vary state to state.  Using your photographs for commercial purposes increases the likelihood that a photo release will be required.  Save yourself from a headache down the road by having people that you are photographing sign a photo release at the time you take their picture.  Believe me, tracking people down after the fact, can be difficult.

A few other things to remember about photo releases:

• Children or other people that do not have the ability to sign contracts for themselves will have to be signed for by their guardian.
• Occasionally a ‘location’ and/or ‘materials’ release may also be required if your photo includes a famous building, like Yankee Stadium or artwork.
• Photo releases apply to both still photography and film.

See also: http://wp.me/p10nNq-j6  - for more information on using PHOTOS OF OTHER people;  http://wp.me/p10nNq-i9  - for more information on using PHOTOS TAKEN BY OTHERS and www.kasterlegal.com.

BY: Vanessa Kaster, Esq., LL.M.

For more personalized legal services contact me at vk@kasterlegal.com