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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.
Generally speaking in the United States if you're on public property like a sidewalk or city street filming outdoors, you don't need to get a release form from every passerby who happens to walk in front of your camera lens.
Who Owns the Copyright of a Photograph? Photos are considered intellectual property because they are the results of the photographer's creativity. That means that the photographer is the copyright owner unless a contract says otherwise.
Photo release forms, also known as model release forms, are used when people, pets and property are photographed, and you, as the photographer, want to publish the images.
Under U.S. law, copyright in a photograph is the property of the person who presses the shutter on the camera not the person who owns the camera, and not even the person in the photo.
A minor model release is much like any standard model release form, in that it is a legally binding contract between the photographer and the client. In this case, it is a parent or guardian of a model who is under the age of 18.
A release is permission given by the person/people visible in the photo or the owners of property, brand or artwork that has been photographed. You may need to have a photo release form signed to be able to sell a photo, depending on the type of license your photo gets sold with.
A Model's (Limited) Right of Publicity Though artwork is bought and sold, courts typically rule that the exhibition, printing and limited selling of any kind of art counts as artistic expression and does not fall under commercial use.
A Minor (Child) Photo Release Form is a written authorization that grants permission to take photos of a child and use for private or public purpose. The parent or legal guardian of the child will be required to authorize as well as the releasee.
Commercial photography You could be sued by a model if you use an image you took of them for commercial purposes. The lines of what counts as commercial and what is otherwise labelled as 'editorial' are a bit blurry, but here's what you need to know.