Chefneil

I have the opportunity to sell this image to a local bar. It is in an old boathouse on a lake. They may want to put it up for public display. Now my question is do I need a model release? It is my understanding that one needs a release when the model is easily recognizable. IMHO, I think she is not easily recognized.

Any thoughts?

olc

(Download)

rmalarz Loc: Tempe, Arizona

I think you're safe. The only repercussions could be if, by chance he/she sees the photo and requests it be taken down. As long as you don't profit from it, you're safe.
--Bob

Chefneil

Opps, I just reread my OP. Misslelled one important word "see" should have been "sell"

rmalarz Loc: Tempe, Arizona

I still think you're safe. The person is not easily recognizable.
--Bob

Apaflo Loc: Anchorage, Alaska

Profit and whether the person is recognizable has nothing to do with it.

You can take a picture when either you or the subject is in a public place without need for permission. You can sell copies too. No release is needed... unless the image is used for commercial purposes, which means used to promote the sale of some other product.

Hence if you sell it to a bar and it is only hung on the wall as decoration, no model release is required. If they use it in an advertisement of any kind then a model release is required for any person pictured that can be identified.

Note that visual recognition is not the key, because there are many ways to identify a person. For example if you hire a model to put a ring on a finger for product photography you need a model release to use the photograph to advertise the ring for sale, even though only part of the model's finger is visible. The date of the image, the model's contract and paycheck, along with the other images not selected all help to positively identify the finger as belonging to that model!

ole sarg Loc: south florida

You can sell it and when you do you give up ownership. You could use it in an advertisement the person is unidentifiable. The person was in a public place. Say you took a crowd shot and sold it to an advertising agency which used it. The folks in the crowd were in a public place and gave up their right to privacy.

http://www.stockphotorights.com/
https://www.rocketlawyer.com/article/when-you-need-a-photo-release.rl
https://www.rocketlawyer.com/blog/ask-a-lawyer-filming-in-a-public-space-97747

AZNikon Loc: Mesa, AZ

Key word is "easily". The FBI could probably give you her name, address, social security number, etc., but that's another story. I think you're good to go. Nice shot and congratulations on the sale.