Model releases-when are they needed?

E

eco_bach

Well-known member
Hi
Can someone share with me exactly when a model release is required? What are the criteria to decided whether or not you need one?

What about public events, races and other sports , speeches, etc?

How much does the end use play a part?
In my case simply a web only commercial (and pro bono to boot)
 
More than any other venue, releases are absolutely required for commercial (advertising) purposes. It has to do with the concept of "implied endorsement"." Anyone (including background extras) that are recognizable in a commercial can make the case that they are endorsing your product. You need to get a release. This exact same scene used in a feature sometimes does not require the same release if the people in the background are out in the public domain.
 
Thanks! Could you be a bit more specific as to what '[FONT=arial, sans-serif]public domain' refers to? For instance I'm shooting a public sporting event and many of the athletes are recognizable. Would this be considered 'public domain'?[/FONT]
 
I'm not a lawyer, but the sporting event/figure must be released. He would definitely NOT be in the public domain. He is appearing at a sporting event. This would certainly be an instance of Implied Endorsement and he will demand to be paid for it. Further, being in the public domain, as I understand it, has to do with expectation of right to privacy. If you are walking down the street in downtown Los Angeles and you are inadvertently captured in the background of a feature film being shot, you have no expectation of privacy (unless it was a porno, or something like that which could be considered defamitory). However, you still wouldn't be able to use a close up of the person who is out on the public street without a release. Now if this were a documentary, that person on the street might very well not require a release. You can see how requirements can change depending on use.
 
cyclone said:
I'm not a lawyer, but the sporting event/figure must be released. He would definitely NOT be in the public domain. He is appearing at a sporting event. This would certainly be an instance of Implied Endorsement and he will demand to be paid for it. Further, being in the public domain, as I understand it, has to do with expectation of right to privacy. If you are walking down the street in downtown Los Angeles and you are inadvertently captured in the background of a feature film being shot, you have no expectation of privacy (unless it was a porno, or something like that which could be considered defamitory). However, you still wouldn't be able to use a close up of the person who is out on the public street without a release. Now if this were a documentary, that person on the street might very well not require a release. You can see how requirements can change depending on use.
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Thanks

It's a combination documentary AND promotional video for a 100 year old family run business.

And the sporting event in question is comprised of 100's of athletes, only a few of whom are recognizable. (ie Its a bike store and I am referring to a bike race. About 10 seconds of footage used in a 5 -10 minute long piece.
End result will be web only.

I guess I need to clarify what is meant by 'commercial use'.
'The photographer model release form is only for photos used for commercial gains...'
But it's a pro bono piece for a personal reel.
But if also used on the company's website I guess that might be deemed a 'commercial use'?
 
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Your personal reel is advertsing your talent in order to secure more gigs, right? If that's not a commercial use of an image I don't know what is. The fact you're not selling it to a third party is irrelevant. YOU are using it in the furtherance of your business endeavors.
 
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You generally need a release for everybody in your video, even employees of the business you are doing work for. I can't tell you how many times somebody has been let go 3 weeks after you shot the video. I use easy release on an iPad for releases. People think it's cool signing with their finger.
 
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