Model and property releases

Learning goal

You will be able to explain in broad outline in which situations you will need written permission when you photograph a person or a place, and how you will get it. You will see the difference between a model release and a property release, and how whether a person is recognizable in the frame and whether the photo will be used commercially or editorially change the need for permission. You will write the basic information a release form should contain, that is, the parties, the photos, the scope of use, the period, the compensation, the date and the signature, and explain why parental consent is essential for children. You will get permission in a language the person in front of you will understand, without pressure, and with the same care from everyone even if their skin tone, age or situation differs. You will keep in mind that the rules change from country to country and that before using a form or making a decision you need to ask someone qualified in the matter.

The question

The café owner calls your friend: the shore photo matter is resolved, and now she wants to use the bakery master's portrait for the new menu poster. The photo's copyright is your friend's; the café is ready to pay the license fee. Your friend is about to say "sure" when they hesitate: does the master know this photo will be used on a poster?

The same week, in a frame they shot on the street, there is a stranger whose face is clearly visible; in another frame, a hotel lobby with a well-known painting on its wall. Do you need permission to photograph someone? Is the same permission needed in every frame, for every use, and how is this permission obtained?

Context

In the portrait lesson we talked about the consent of the person you photograph and how this consent is renewed throughout the shoot (Lesson 16.1). While examining stock agencies you saw how whether a frame will be used in an advertisement or in a news story changes the rules (Lesson 28.10). In the copyright lesson, too, we talked about how a portrait can have two owners, the frame belonging to the photographer and the face to the face's owner (Lesson 29.1).

What is described draws a framework; in a concrete job the last word is said by a lawyer working in this field. Personality rights and the protection of personal data are regulated differently from country to country; in Türkiye personality rights are protected by the Turkish Civil Code. The details of street shooting and personal data are left to the module's next lesson.

Simple explanation

When is a model release needed?

A model release is a person who appears recognizably in a photo giving written consent for that photo to be used for certain purposes. The need for permission depends on two questions. Is the person recognizable in the frame? How will the photo be used?

Recognizability is a person being easily distinguishable, by someone who knows them, from their face, body, clothing, tattoo or context. Someone seen from behind, as a silhouette, or indistinguishable in a crowd is usually not considered recognizable; but a tattoo, distinctive clothing or a familiar place can make even someone whose face isn't visible recognizable.

Where the frame will be used is also decisive. In a use that carries a sales purpose and promotes a business or product, the written model release of every recognizable person is almost always needed; on a menu poster, the master's face gives the impression that they endorse the café. In editorial and artistic use that tells a news story, a documentary or an exhibition, the rules can be more flexible, but this flexibility varies by country and situation, and never covers a use that damages the person's dignity.

How is a release form prepared?

A release form is the document that sets out in writing the terms of a model or property release and is signed by both sides. A form basically contains the following: the names and contact details of the photographer and the person, the date and place of the shoot, which photos are covered, for what purpose, in which media and for how long the photos can be used, whether the person is given any compensation, whether the person has the right to refuse certain uses, and the signatures. Many photographers use in every job a template they prepared once with a lawyer. A copy of the signed form is given to the person; that way the person can also see later what they consented to. Some forms also write down how, and with what consequences, the person can withdraw their consent in the future if they want to.

Permission is obtained in a way the person in front of you truly understands. Giving them time to read the form, answering their questions and, if needed, offering an explanation in their own language makes the signature meaningful. When an employer tells an employee "sign," the employee may feel obliged; that is why the master's permission must be the master's own decision, not the café owner's. An older master, a young apprentice, a dark-skinned or light-skinned customer; each is asked with the same care; skipping the form for someone with "it's not that important" means seeing them as someone who deserves less respect than the others.

Parental consent is the written permission given by a minor's parents or legal guardian for the minor's photo to be used. When children are involved, this consent is almost always needed; the child themselves is also asked separately whether they want to be photographed, and if they don't, this is met with respect.

When is a property release needed?

A property release is the written permission obtained from its owner for a private place, the inside of a building or a recognizable property to be photographed and used for commercial purposes. A hotel's lobby, the inside of a shop, a house's garden or a recognizable design product usually needs its owner's permission if it will be used in commercial work. For the exterior of a building seen from a public street, the rules vary by country.

Other works inside the place are a separate layer. The well-known painting in the hotel lobby may be a work protected by its own owner's copyright; it becoming the main subject of the photo may require separate permission. Brands and logos can also cause problems in commercial photos; that is why many stock agencies ask for recognizable brands and works to be removed from frames.

Visual evidence

Instead of saying "sure" to the café owner right away, your friend first calls the master. They show them the photo and explain that it will be used on a menu poster, and that the poster will stay in the café's window and on its social media for one year. The master thinks a little, then accepts on one condition: they want their name written on the poster. Your friend reads and fills in the release form together with them; the café owner isn't in the room.

The frame of the stranger with a clearly visible face, shot on the street, they keep only in their personal archive, because they can't reach the person; they note that they won't give this frame even if an offer for commercial use comes. In the hotel lobby frame the painting stands in the middle of the frame; if they will use the frame for the hotel's own promotion, they get the hotel's property release and talk with the hotel about the permission of the painting's owner.

While organizing their files they add the release forms to every job folder and open a column next to every frame stating its permission status.

Common mistakes

Summary

A model release is the written consent a recognizable person gives for their photo to be used for certain purposes, and is almost always needed especially in commercial use; recognizability isn't limited to the face, and the flexibility in editorial use varies by country. A release form contains the parties, the photos, the scope of use, the period, the compensation and the signatures; permission is obtained directly from the person, in a language they understand and without pressure, with the same care from everyone, and parental consent is needed for children. A property release is considered separately for private places and the works inside them; this lesson is general information and in a concrete situation a lawyer should be consulted.

Mini assignment

In this assignment you will prepare your own release form and permission system.

1. Write a draft model release form: the parties, the date and place of the shoot, the photos covered, the purpose of use, the media, the period, the compensation, the person's rights of refusal and the signatures.
2. Prepare the same form's parental consent section for minors and a property release version for a private place.
3. Choose ten frames with people from your archive; for each, write in a table whether the person is recognizable and whether permission would be needed in a possible commercial use.
4. Have someone you know who has nothing to do with photography read the form; rewrite every sentence they don't understand in plain language. Note that you will show your form to a lawyer before using it.

Check yourself

• Can you assess whether permission is needed in a frame through recognizability and the type of use?
• Is your release form clear enough for someone who has nothing to do with photography to understand?
• Can you explain the difference between a property release and a model release?

Glossary

Mini quiz

1. If the bakery master's portrait will be used on a menu poster, what is needed?

• A) Only the photographer's copyright
• B) The café owner's verbal approval
• C) A written model release obtained from the master themselves
• D) No permission

2. In which case can a person whose face isn't visible be considered recognizable?

• A) If a distinctive tattoo or clothing makes them distinguishable
• B) In no case
• C) If the photo is black and white
• D) If the frame was shot horizontally

3. What is needed for a minor's photo to be used?

• A) Only the child's verbal consent
• B) The teacher's permission
• C) No permission
• D) The written consent of their parents or legal guardian, and asking the child's wish

4. If a hotel lobby is photographed for an advertisement, which should be considered?

• A) The hotel's property release and the status of well-known works in the frame
• B) Only the light
• C) Only the lens choice
• D) Nothing

Answers

1. C — In commercial use the recognizable person's own written permission is needed; copyright and the employer's approval don't replace it.
2. A — Recognizability isn't limited to the face; distinctive marks or context also make a person distinguishable.
3. D — Parental consent is needed for children, and the child's own wish is also taken into account with respect.
4. A — Private places and the works inside them may require separate permission in commercial use.

Summary card

• The permission question: is the person recognizable, is the use commercial?
• In commercial use, a written model release from everyone recognizable.
• Get permission directly from the person, in a language they understand, without pressure; the same care for everyone.
• Parental consent for children; also ask the child's wish.
• A property release for private places and well-known works; it's general information, consult a lawyer.

Bridge to the next lesson

The frame of the stranger shot on the street won't leave your friend's mind: they don't know them at all, they have no permission, but the frame was much admired at the club's exhibition. One club member says they can take as many photos as they like on the street; another says sharing that frame online could count as spreading personal data without permission. Is it legal to take photos on the street? The next lesson takes up the difference between taking a photo and publishing it, and the basic logic of protecting personal data.