Hey Brendan, nice video! But you should mention that this is US/Canadian law (I guess) only. Other countries have different laws. Here in Germany for example you can't just take some guys picture and use it in a paper or magazine. The rules what constitutes editorial use are way more strikt over here. There has to be special interest in the moment (lets say a protest or a festival or something like this) the person is not supposed to stand out or must not be a central part of the composition or the person must actively or visibly take part in the event/story.
Exactly my thoughts! And another difficulty is: Does this law apply only when you live in the EU, or does it apply too when you live elsewhere and are just travelling here? I'm not sure about that.
I guess but instead of forcing these creators to constantly preface videos with disclaimers it would be nice if the viewers could tap into their logical side and assume that a North American creator is most likely speaking about local laws just as a European would likely be talking about their laws etc.
@@jiggyb21 he is an absolute world traveler and is in a different part of the world every time. You have to be aware of local laws too I guess. Not knowing is not an excuse. Same with drones for example
What if the model isn't in any way recognisable? As in a cityscape with hundreds of people a couple of pixels across or blurred to oblivion by long exposure.
Good insight...thanks for clarifying that. I haven't had to use a model release form to date..but, never know. Thanks for the APP tip as well...good stuff!
Thank you very much for this video! You explained this topic very well, and I have a much better understanding in regards to this. I will keep this in mind as I produce more photos and video content!
Thanks Brendan. Great advice. Thank you for the PDF and app. I am going to print off a few for the camera bag and download the app. I need really thought about this. :)
Thanks Brendon, for adding some simplicity to model releases. I'm a Level 8 google tour guide that's starting to monetize some of my content. Also, the he release app will prove most helpful, It will be better to have and not need , than to need and not have! 👍new follower and will pass on to a few friends!
Ok, tricky question. Let's say I review lens for a company, inserting some portraits with different persons. In the description of that video, there's a link to the lens, so people can buy it. Do I need a model release in this case?
What about selling a print that is from a gallery show? That case, the image isn't selling a product rather the print displayed in the gallery show IS the product. So for people in the images, would that need model releases? Thanks!
Thank you so much! I've been wondering how this works exactly for a while now! This is very, very helpful! Do you also use/need a model release form when you are in the image yourself and you want to sell it for commercial use?
To Brendan Van Son ,much for the Infor but what about photos of people that someone wants to use for their website , which of this form should one use?
Once I upload from Xpiks to those stock sights, do I then go to those sites to ONLY upload the releases? I don't understand how I can upload my videos with keywords if there is NO release attached.
So in the magazine example you gave, do you need a model release just for the page that is selling that product, or do you need a model release if there is an ad anywhere in the magazine? Did that question make sense?
Great clarification! I know that France is a bit difficult with their places anyways, but in general , how do you find out about specifics for editorial vs. commercial use for places?
If I took a picture of an outdoor mall (16th Street Mall in Denver) with many people walking, and then I printed copies of that picture and sold each copy, would I need model release forms? Would it change things if I used Photoshop to add "Denver" typed somewhere on the picture?
How about if you join a contest and your photo was taken in street and they are asking you a release. Or how i can explain to them? Pls help. Thank you
Great video. Thank you. What types of release forms do you need if you are selling your services (ie . Portraits or headshots) and using the images for your own marketing purposes? Thanks.
Good one Brendan, What are your thoughts on model releases for people who are non-identifiable persons I.E photos of people not facing the camera and public figures? Thanks,
Thanks for your video... great info as usual. And helpful too as we just got back from Paris and took photos of the Eiffel tower lit up and we thought we couldn't post them or use them, so your video really helped. Thanks again. As I don't plan to sell the photo I can still post it on Instagram right?
Hey Brendan, I have a question. What if I’m using a photo on my site to reach photography lighting. I’m not selling the image but selling the intellectual property which is technical knowledge behind the photo. In this case do I need a model release ?
Looking for a quick yes or no answer. So, if I take portrait photos and place them on my Instagram. I then promote my company in the caption but not in the image itself but they do have my watermark and us the ad function on Instagram to boost it Is a model release required for that?
I have a question, how about when I take pictures of myself and I want to use them commercially, do I need a release form? If so, do I fill it out as both the photographer and the model?
But with if your a photographer in the Adult Ent. business and female models "demand" pay and you "pay" them for "their time" but at the same time you're gonna use the content for promotion AND to make the money back... do I need to make her sign a model release too??
I have a picture of a couple arm In arm walking away from me. You can’t see their faces. They and probably their friends would recognise themselves from hair/body shape etc but I don’t think a stranger could pick them out by looking at the photo. Could I use that as editorial without a release?
Nope. Not unless it was a photo you were using as an ad to directly sell your services. Like a photo and on that photo it said, "portrait sessions $100 contact xxcgf for details"
Thank you so much for the great advice Brendan I learned a lot.But Been having a hard time to get the answer for the question I have. Just wondering lately I've been working on music video on one of my tracks and wondering If MV is commercial use or Editorial use? Cuz It's not directly selling any product but on the other hand, I'm promoting my music with the video content and the music is gonna be on sale in Itunes and many other platforms. I have a few cast members and I don't wanna cross the line of the name of law so I need to make sure being acknowledged and put together of how everything works in the Use of Model in the video content. Does Model-release-form also apply to actors,actress in the music video content? I'm willing to pay them certain amount of money and I'm afraid If anything goes wrong after release of my music and going thru disputing stage with members. If you happened to have any information related to this topic, I need your advice. Thank you !
I am the model and the photographer. When I go to download the images, do I just select the editorial option? Because it's annoying to ask permission for the model itself. I sent 144 images and all were refused due to lack of authorization.
Do I need a release form if “someone” else took a picture of a subject with my product and I want to post online. If so.. where can I get one? Or can I just give them credit on social media?
what if i have a project where we take pictures of someone for our shirts we make to post on our website and Instagram. would you say to use it the release form just to be safe? #help
I would love to know more about property release. As I understand from this video, as long as I'm just posting on my facebook or instagram etc. I can photograph and publish whatever I want (no matter how popular on not my page / profile is), but things can get complicated if I would like to sell any of this pictures ie via photo stock. If I stick to "editorial use only" I'm safe but potentially I'm loosing buyers. Is it roughly about right?
@@mremumerm that doesn't make things easier at all :) any advice about what it can be? Something like chain hotels or skyscraper? I always thought that "non commercial use" is a magic key to keep using pictures.
Great info mate. What about city skylines where distinct buildings are in them and... I thought people in the UK who are in public spaces I don’t need a model release (thinking street photography as a prime example). Cheers Jase Ps... outed by Jodie... lol!! She’s using your RP before you announce what it is... sorry bud!! She stole ya thunder!! Lol 😝
commercial or editorial is not the case, the case is if you use a photo in my country from a person, you must have a release or contract, otherwise no magazine would use your photo....
@@BrendanvanSon Surely "nope" and "be aware that... countries have different laws" don't belong in the same response. This video is dangerous. It's a web video without any geo reference. People are taking this as gospel and in many countries it's not the case. I like your content, but you should be careful with sweeping statements, especially with a large following.
That's how I understood it but I've had images refused for commercial by Shutterstock for having people in the distance with their backs to the camera - no way remotely identifiable - and have had others accepted when ID was perhaps possible.
@@alasdairmackenzie905 Weird I have uploaded to shutterstock when they aren't recognisable and had no issues. But I'm fairly new to it. I did a little google about it and if they aren't recognisable I'm still going to upload without form.
I'll refer you to my other comment. But, anytime there's a person you should get a release. Even if they're not totally recognizable most stock agents will deny the image anyways.
@@BrendanvanSon Never had problem with unrecognizable people on stock but I make sure no face part are show at all but if it was not for stock I will use a model or ask for a release
That's actually not true. Most stock agents would reject this photo even if there's not 100% recognizable. That person could claim that's them - and with some editing could probably brighten themselves up to the point that they're recognizable. Moreover, they could likely prove that's them by sharing another photo of themselves from that location/time. Anytime there's a visually identifiable person in the frame, you need a model releases.
@@BrendanvanSon which leads to issue, as some MS will allow them as commercial, but you are still exposed if someone decides that it is them on the picture, and asks for compensation.
@@BrendanvanSon the biggest one probably allows it. i've had way more identifiable ones go through. but i know I am taking an exposure risk. same way i am taking one of shots of a sheep in Irlande with clear identification markings. Yes the MS allow it, but in the end i am responsible if someone wants to challenge
