182 Copyright, Trademarks, and Model Releases
Property Releases
You can of course get around the problems identifi ed here if you get
an express property release. Whether it is possible or economical to
do so is another matter entirely. My view is that there is enough mate-
rial to photograph without needing to become embroiled in seeking
out property releases.Model Releases
Photographs of identifi able people require model releases. Basically,
this means that if you show any part of a model’s face or the model
can otherwise be identifi ed from your photograph, play it safe and
ensure that the model signs a release. It is important that the release
clearly states that the image might be used for commercial purposes—
or is worded so broadly that this must be the case. Misleading the
model (or failing to get permission) could land you and the library in
hot water.
I have included, with the kind permission of the copyright owners,
some sample model releases for Dreamstime, Shutterstock, and Fotolia
in Appendix 2. My grateful thanks to them for their kind permission
to include these for ease of reference. You can of course download
them from each relevant library, and you may need different releases
for other libraries if they object to your use of another library’s
release.
Do not just hand a release to your model and say “sign there.” It
is important to explain to your model that the photographs could be
used for any legal purpose and that neither you nor the model will
have any say in how the image is used. For example, it is possible that
an image of a committed Roman Catholic might be used to advertise
contraceptives. It is not a good idea to mislead or dupe your model—
make sure he or she reads the release and understands the ramifi ca-
tions of signature. With minors, the release should be signed by the
responsible parent or guardian.