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Mike Voss's avatar

So an image without permission published in a photo book is art or commerce? There’s nothing confusing about the law.

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Eric Bloemker's avatar

Excellent trilogy.

I have my models sign a release each and every time I shoot models, except when I forgot. Most modes are quite familiar with a standard release which gives the photographer the right to do whatever they wish with the images taken at session. I do not allow the model prior consent before publishing. They can simply never respond if that is part of the agreement.

Clients? Not so much so. Since I do not classify myself as a professional photographer (serious amateur), the few non-models I've shot for weddings or such, I decide ahead of time whether I'd want a release or not. If so, I sit down the subjects and explain the release, making modifications to their wishes.

One note: while your portfolio webpage may lack commercial links to hire your services, if you have links that lead to links for such, you *might be* stepping too far without a signed release.

Lastly, your note on not being an a-hole... This applies whether you have a signed release or not. Over the years, I've had a couple models politely ask that I "take that picture down" because they no longer shoot that genre, family-issues, whatever. When asked, I comply. I m not out to ruin someone's life.

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