Can someone tell me if model releases and needed under the following circumstances?

1. The person or persons are not recognizable, for what ever reason, maybe backlighting or something.

2. People who just happen to be in the frame of a general street shot where the entire scene is the "subject".

3. Photographing private property like say a custom car or something.

I would certainly appreciate any information offered.

Thanks

-- Larry Sanders (lsand@galstar.com), September 09, 1998

Answers

Photos made in a "public" place are for the most part fair game. A person that can not be readily identified, could be anyone. A person on the street is also fair game as long as the picture doesn't portray a bad or "unfair" light. A guy taking out garbage in front of his house is ok, a guy with crackheads and hookers might be a bad light. Private property like a car is also ok, unless you move into that area of "commercial" photography. A photo that you may sell a handful of times does not mean commercial, but if you do a mass production or sell that picture of the guy taking out his garbage to Pepsi then you are in the realm of commercial, then you better have everything documented. A photo of a person in your book on whatever is not commercial but the photo on the cover is commercial. Your intent with the photo is what determines the need for a model release and or compensation for the subject.

-- Jeff White (zonie@computer-concepts.com), September 09, 1998.

Jeff's answer seems a reasonable "pragmatic" reply. The legal answer will depend on what you want to do with the photographs (just hang them on your wall, or publish?), and what country you are in. If you are going to make money, then the owner of the face or car might want a slice of the action.

See http://www.neosoft.com/~jjsims/model/model_releases.htm for some heavy details.

-- Alan Gibson (gibson.al@mail.dec.com), September 10, 1998.