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The basis in law that necessitates the need for these legal forms is an individual's right to privacy. It boils down to how photos will be used. If it is used publicly i.e. published in any way - whether for financial gain or not - you may need a signed model release form.
The photographer may not need a release for photo's that are viewed in private. You generally do not need a model release if the person is not identifiable, if it is for a news article, educational material or photo exhibition. If you are unsure, consult with an attorney or get a release anyway.
The moment the photographer uses the photo publicly, or sells or licenses it to a third party for public or commercial use, a model release becomes necessary. Examples of this use would be websites, brochures, advertisements, posters, calendars etc.
You will need a release whether the person being photographed is a professional model or not and even when they are unaware of being photographed. If they are identifiable in the photo, you need a release for public use. A written agreement offers the best defense in a lawsuit and unlike a verbal agreement, cannot be easily disputed.
The basis in law that necessitates the need for th... (
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