Legal Question in Civil Litigation in Missouri

Photography

I am a photographer and would like to know if I have taken a picture of another person and would like to know is it necessary for me to get a release form from the subject in the picture in order for me to sell it?


Asked on 11/17/06, 1:17 am

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Photography

While it may not be necessary for you to "sell" the photo is is necessary for the person buying the photo if they intend to exploit the image in advertising or other media. You can find a sample release at http://www.danheller.com/model-release.html and I would urge you to use such a release. If the person is unknown to you (e.g., someone you photographed on a beach) you're playing with fire if you sell that image and it gets used. You could be sued for a number of things including invasion of privacy.

I am a photographer as well, and I frequently carry a model release in my camera bag on a 3 x 5 card. The release is on one side, and a description of the photo (briefly) is on the other. That way I have a record of when and where I took the image, and can document that I have the signature of the person I photographed. If you think you've captured a "winner" of an image, it's often good to give the person $5 or so for their release. This ensures that there will be consideration for the transaction and that the release will hold up. If you have a card with your email address, you can tell them you'll send them a copy of the photo if they email you. That's an even less expensive way of getting the release sealed.

Good luck with selling your image.

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Answered on 11/17/06, 9:06 am


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