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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.
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.
There is no law preventing people from taking photographs in public. This includes taking photos of other people's children. If you are taking photographs from private land, you need to have the land owner's permission.
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.
Parents/guardians can sign this to say that they give permission for their child to be photographed/filmed, and for the images to be used in certain ways.
In the United States, if you and your subject are in public, there is no legal requirement for permission. If you are on or in someone's personal property, permission is needed. In many cases, if I point a camera towards someone, and there is no negative reaction, I feel fine in taking the image.
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.
Informed consent is a process of informing the person being photographed about how you would like to use their image. Informed consent creates space for the subject to ask questions, to stipulate conditions, or to say no.
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 you know that you need to get someone's consent to use their photo (perhaps by publishing it on your website), you will need to ask for it. To do this, you will usually need written permission. This is the best option legally, and it provides more protection than relying on someone giving you oral permission.