A Practical Guide to Image Rights and Model Releases
The permissions needed to use a photograph commercially, from the people and properties in it.
Imogen Clarke
Why does it matter?
Rights problems surface after publication, and the remedy is usually withdrawal of the campaign rather than a negotiation.
What are the numbers?
- Model release permission from identifiable people for commercial use
- Property release permission for identifiable private property
- Editorial use different rules; not applicable to advertising
- Copyright generally belongs to the photographer unless assigned
- Usage terms media, territory and duration, agreed in writing
What should I do?
- Obtain releases before the shutter, not after publication
- Agree copyright and usage terms in writing before the shoot
- Keep releases filed with the images
- Check whether editorial-only material is being used commercially
- Re-check usage terms before reusing imagery in a new campaign
What should I avoid?
Avoid:
- Commercial use of images without releases
- Assuming commissioning a shoot transfers copyright
- Editorial-licensed imagery used in advertising
- Releases stored separately from the images they cover
When should I get help?
Short answer Bring in help before any commercial campaign, when a claim has been received, or when an archive has no rights documentation.
Where this comes from
- European Commission — Copyright and image rights
- Federal Trade Commission — Advertising and endorsements
- ISO — Image rights metadata
The figures and practices above come from the sources listed.
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