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In the United States, it's illegal for a photographer to use someone's likeness commercially without a photo release form. Likewise, it's illegal for a client to use images from a photographer without the same permission.
The most important things to remember are: If the main subject of the image is a person even if the person's face is not visible it will require a model release.
Do I need a model release in street photography? The general answer is no you don't need a release when photographing a public location, however, it is always best to error on side of caution and obtain a model release.
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.
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.
A model release, known in similar contexts as a liability waiver, is a legal release typically signed by the subject of a photograph granting permission to publish the photograph in one form or another.
Simply put, a model release is a contract signed and agreed upon by a photographer and a model before a model shoot is carried out. The purpose of this is to provide legal protections for models, photographers and anyone else involved in the licensing of the product.
Using Photos of Someone as an Advertisement The reason behind needing this model release is using photos for advertising puts you at risk of being sued under privacy laws if you didn't have the photo subject sign a model release contract with you.
Body parts and tattoos: Normally you don't need a model release for detailed shots of body parts, like hands or feet. Though in some cases, a person may be able to identify themselves due to tattoos or birthmarks, in which case a model release is required.
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. A model release would almost always be required if the use is for advertising.