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In nearly all circumstances the creator of the artwork, the artist, is the owner of the copyright, and the ownership of it can only be transferred by that person, in writing. But, a model retains the right to deny certain uses of their likeness, unless they have signed a release giving up that right.
Do I Need A Witness? By law, not necessarily. But most microstock agencies insist on having a third-party witness sign the model release. The third-party cannot be you (as you are the second party) but it can be another model.
A model release is needed for publication where personality rights or privacy rights would otherwise be infringed. No release is required for publication, as news, of a photo taken of an identifiable person when the person is in a public place.
These rules vary hugely: in Canada, for instance, if a model hires and pays a photographer to take pictures, the model owns the copyright.In the US, the photographer owns the copyright, even if the model is paying the photographer.
Taking a photo of a person where they can expect privacy, such as inside their home or garden, is likely to cause a breach of privacy laws. Unless the images which have been taken are indecent, no one has the right to: ask a photographer to stop. ask for a copy of the photos.
When a model signs a release, he or she releases the rights to the images they appear in. This means the model acknowledges and agrees that the artist can do anything they would like with the photos, including publish, republish, distribute and edit, unless the model specifies restrictions.
If a fashion model is hired by a photographer, typically, the photographer is considered to be the author and owns all of the rights in the copyright. The only time that this is not the case is when the parties have expressly agreed otherwise. Such an agreement must be in writing and signed by both parties.
Taking a photo never requires a model release. The publishing of that photo including someone's likeness, however, may require a model release. Generally, a model release is only required if the way the photo is published makes it seem that the person in the photo endorses the product, service, or organization.
I think it's fair to say that most photographers will, at some point in their career, have to work with models at least oncewhether you're a still life shooter that photographs models' hands holding a fork full of food a couple of times a year or an e-commerce shooter that works with models every single day.
When an image has copyright protection, no one else can use the image without the owner giving permission. With these rules in place, you need to assume that there is copyright attached to any image you come across. Otherwise, you may face a court order, fines, or escalated legal action.