Model release, is it required?

[Scott Rider]

Here's a question for you, if you take photograph/film a model but don't get a release form can you still publish them? This is assuming that neither the photographer or the model ever discussed publication or not publication and that it is some time after they were taken. I read somewhere that you could still do it without a release form but only stills could be published and only video could be published if there was no sound. Is this right or wrong?

[Eric]

From a moral and fair point of view I'd say it would be wrong to publish them without the models consent. Not sure about legally though, just adding my own view.

[Scott Rider]

I agree, and should have said that this scenario is assuming that the model cannot be contacted, which would only be fair to try in the first place but assuming it was not possible to do so.

[Peter]

The letter of the law says you don't need a model release, as the copyright rests with the photographer, who may dispose of it in any way, unless there is an agreement to the contrary.

In real life, however, you'd be hard pressed to find anyone willing to publish without one.

[davewells]

You can but if the FBI or plod here walk in and say prove that girl is over eighteen and consented to these pictures being sold (signed a release), well you're in big trouble.

[Anthony]

Hi Mate ? no one will wanna touch those images unless you have the release and valid ID?s of the model. Whilst you may own the copyright, she can dispute your rights to publish ? what ever you may make from the sale, it wont be worth the hassle.

[davey]

what happens if the model turns up for the shoot without her i.d.should you still give her the money?

[Peter]

Never even shoot without ID. You may end up with several hundred quid missing from your bank account, and an unsellable product, of a girl who may eventually turn out to be 15.

[davey]

cheers for that.i spoke to a girl the other day who said the only i.d she had was a passport.no driving licence or birth cert.i didnt like the sound of that.what other documentation is acceptable?

[Hornetbloke]

Anything official featuring age and address and as many forms of it as they can bring along with them. The more you get, the less chance of something nasty blowing up in your face.