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12. Releases
12.1. The model release
12.1.1. General
Because you just can't take anyone's picture and use it anywhere you want (just imagine !!), a model release is often needed when you want to sell your images.
Legally, wether a model release is needed or not solely depends on the usage of the picture, not on the fact whether a person is recognizable or not. The person who uses the picture is the one who should make sure he has a model release before using that image. But for practical reasons the microstock sites demand that the photographer provides such a release.
I've found an interesting article online which explains 'the why and hows' of a model release perfectly. I can't add anything meaningful to it, definitely a must read.
click here for an article by Dan Heller named : "Model Releases : Who is ultimately responsible ?"
12.1.2. Model Releases on microstock sites
By means of a model release, the model grants the photographer to license the image ,which portraits to model, to third parties without any further compensations. In short : The model gives away his or her portrait rights.
Of course this doesn't mean that the picture can be used anywhere in any content. The buyer still needs to apply to the general terms of use. (for instance : no use in pornography and the like)
Even if a person is barely recognizable, you still need a MR. The photo underneath was refused for not having such, regardless that the people on the photo are hardly recognizable.
You don't have to write such a document yourself. It can be downloaded on each of the microsites.
Most of the times they are in English (although some sites have them also translated in different languages). This could be a problem when your model doesn't understand English. Therefore it would make sense to translate such a release into the models language. (I've done so). Nevertheless you would still need to submit the English release.
When you submit to several sites; arranging, signing, uploading and keeping track of the different model releases of all those sites, for all your models, can be very confusing and time consuming. Therefor it is easier to use the same release for all the sites.
Underneath you can download the generic model release which I use. It is accepted by all sites to which I submit.
12.2. Property Release
Less known than the model release is the property release. When you want to sell a photo of a certain building, you sometimes need the permission of the owner. Underneath a list of cases where you might need a release or not.
- NO - Public property Government buildings, public schools, parks
- NO - Private property - unidentifiable locations with no identifiable features
- NO - Private property from public accessible location eg street or motorway Building (s) in an image whose central focus is not these buildings. For example landscapes and skylines
- YES - Private property - identifiable Homes, office buildings, private schools, universities & the surrounding property, cars, boats, private & corporate jets & planes. Studio locations with identifiable features
- YES - Famous locations, landmarks Unless properties classified as being in the public domain
- YES - Corporate logos & insignias Any trademarked logos or Insignias
- YES - Pet / Zoo / Farm / or rare animals A recognizable animal. Excludes wildlife
- YES - Publicly displayed art Privately-owned art that is publicly displayed. Excludes art classified as being in the public domain
- YES - Boats, Cars, Airplanes etc. Considered private property
- YES / NO - Historic Locations Monument or historic home. Need to check with Property owner
Some well known buildings who need such a release are the Atomium in Brussels, the Eiffel Tower in Paris (only if it's lit by night) and the Sydney Opera House. More buidings which need a property release can be find on this page at iStock
12.3. Editorial photos
There is one exception to this rule. Images covering a newsworthy subject can be uploaded as editorial. They can be used to illustrate an article in a newspaper, a magazine or even on TV about a parade, a speech by a public figure, a sports event or a political demonstration. But such an images cannot be used for commercial use and therefore it is likely that they get less downloads than normal.
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