Stock Photography Model and Property Releases Explained
Wemark editors discuss how, where, why and when to use releases when photographing people and private property
One of the most common points of confusion among photographers — specifically stock photographers — is when model releases and property releases are necessary. There’s a common misconception that any photo of a person needs a release. On the flipside, many photographers assume that just because the person they’re photographing is a friend, “it won’t be a problem.” Neither of those cases are accurate, and property releases offer another set of challenges.
We created the following guide to clarify some major issues and help you feel more comfortable shooting and licensing photos of people and properties.
Before we dive in, the simplest answer is this: it all depends on how the photograph will be used or licensed.
Model Releases
What are they?
Model releases are simple legal documents that grant a photographer permission to commercially license a photograph of a recognizable person. If you’re creating an individual portrait, directing a large scene with multiple people, or creating any kind of photograph in which a person can be identified, a model release will confirm that the subject consented being photographed and having their image used commercially.
When you need them
As mentioned above, you’ll need a model release for any commercial use of photographs that include recognizable people. Since we’re talking stock specifically, you should plan to get a release signed for any photograph you take of a person that you might consider licensing within a commercial context — whether it’s an elaborately shoot or something more casual.
While “commercial” might sound fuzzy, it means using an image to promote, market, sell or endorse a product or service. That could be using the image in a big brand campaign that appears in magazines and on billboards internationally, but could also mean something as simple as using a photograph to promote or sell a product on social media, or in an email newsletter.
Even if you’re just making a portrait for a personal project or to build your portfolio, regardless of the intended long-term use, we highly encourage you to bring a model release to any photoshoot involving people. It’s the safest bet in the long run.
Why you need them
As mentioned above, a model release confirms that the person or people being photographed were willing participants, and consent to the commercial use of their image.
Even if you don’t plan to use these images commercially, model releases create a sense of goodwill between you and the people in your photographs. They may also help you down the line as GDPR regulations — which mandate that photographers get “permission” from people they photograph — continue to take effect.
Exceptions for minors
If anyone in your photograph is a minor, they’ll need their parent or legal guardian to sign a model release on their behalf.
Sensitive uses
One of the most common questions for photographers and models alike centers on “sensitive use.” This can include the use of an image to promote alcohol, tobacco, firearms or a political party or candidate. It can also mean using a photograph in a medical advertisement implying that the person in the photograph has a certain disease or condition
When licensing as stock, most agencies’ standard licenses already have a clause prohibiting customers from using photos in “sensitive” cases. A client wanting to use a model’s photo in a “sensitive” manner would likely need to purchase a customized license granting additional permission from the model or photographer or they’d be violating the agency’s terms of use.
Newspapers and Magazines: Photojournalism and Editorial Use
You were at a political rally and got caught in the action — you took some amazing, candid shots but couldn’t get a model release. Or you saw Kanye West walking down 5th Avenue in New York City and snapped a classic picture, but he quickly disappeared into a sea of bodyguards. You’re sure the major news sites will love your photos but you don’t have any releases on file. What’s a street photographer or photojournalist to do?
The easiest answer is this: label the image as “editorial use only.” If the image will accompany a news story, in a newspaper, magazine, blog, or another context in which it’s not being used as an advertisement you likely won’t need a model release. Please note: Wemark currently does not accept editorial images into our collection, but that may change soon — stay tuned!
Property Releases
Like model releases for photos of people, property releases grant legal permission for photos of private property to be used for commercial purposes. A properly worded property releases can also permit the photographer to include trademarks and copyrighted works in an image. The “when” and “where” of these kinds of releases are often as mysterious for property as for people. You might think this just applies to buildings, but it can actually extend to pets, cars, artwork and even tattoos. A property release can also serve as proof that you had permission to enter a certain property and weren’t trespassing. If a customer wants to use a photograph depicting a protected property they’ll need to make sure the photographer got a signed property release.
Some of the most popular examples of protected properties are the Empire State Building, The Hollywood sign, The Eiffel Tower when lit at night, and Disney’s Magic Kingdom. Contrary to what one might expect, as public as these buildings and spaces might seem, images depicting them require releases for advertisements or other commercial uses. The exterior of people’s homes generally won’t require a property release, but if you know the owner, it can’t hurt to get one signed. We recommend doing some deeper research or contacting the property’s management/ agent for the final word.
Pets are another precarious example. Want to shoot a photo of your friend’s dog? While it’s unlikely they’ll file a lawsuit if your photo of Bubbles is used commercially without a release, our best advice is to have your friend sign one on their dog’s behalf.
Artwork is another hot button property-release issue. Notice how sometimes you’re watching a reality show and the artwork on the wall is blurred out? This is because the producers did not get a release for the artwork before shooting it. Every year we read about major motion pictures, or television productions using an image containing artwork, including tattoos without making sure that a release was signed by the artist.
Like model releases, property releases are not necessary if a customer is licensing an image for editorial purposes, like a news story. So — if The New York Times or Forbes Magazine is writing an article that mentions the Empire State Building and they want to license one of your photos, they likely won’t need a property release as long as it’s not for an advertisement.
While we recognize that we haven’t covered all of the possible use cases requiring releases, we hope this guide helps answer any questions and clarifies any confusion on model and property releases you might have.
