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jbstitt

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I am in the process of setting up a web page gallery and wanted some advice. Not sure this is the right area to do it, but not sure where is better.

 

When people are shown and recognizable is a model release necessary to put that picture on a web page. I am quite sure that if I were to sell the photo or license it for commercial use there would have to be a release, but what about just for display in a gallery? Any advice would be much appreciated.

 

John Stitt

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In the broadest stroke, you would not need a release to show pictures in a gallery, online or physical, as this would be covered under artistic use. Even if the image is sold as a fine art print you would not need a release. There was a court decision early this year that upheld this right even when the photograph in question sold for something in the $20,000 range.

 

If you sold the photo for commercial/advertising use you would need a release.

 

If you can get a release, by all means do so. It only expands future possibility for sales--you may see it as a purely artistic or documentary shot, but someone else may think it's the perfect thing to represent their product.

 

Ultimately, however, simply to display the image a release is not required.

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I beg to differ. No release for webwork is a huge no-no. The web is a strange animal when it comes to rights. One reason being, you have little control of what happens to the imagery after you've posted it for display, regardless of purpose.

 

Perhaps you should investigate further. You may start here:

 

Dan Heller's Photography Business Series: Model Releases (Photo Business Books)

 

Good luck!

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You may have little control over what happens to your images once they've been posted on the web, but if someone appropriates your image then you are still in the right in that they have violated your copyright. If you're worried about web theft then watermark your images or take other steps to make downloading the image harder.

 

Getting a release (model or property) is certainly a good idea, but if I didn't have one I wouldn't think twice about using the image for editorial/documentary or artistic purposes, on the web or in the physical world.

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The answer to this question varies from one country to another. Generally speaking, one should watch it with showing people on images, especially if they are easily identifiable and/or if the image is focused on them. You could put them up, with a notice saying that you will remove a picture, which was found to be objectionable by the person displayed on it.

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