Does a Photographer Need Permission to Use Photos He Takes for Advertising?

Full question:

I am a wedding a portrait photograper. Am I required to have a model release from my clients, (high school grads, bride and grooms etc) to use the pictures I took of them in self promotion situations. Like a brochure I hand out or a display at the local mall or on my website. Or to even display in my studio.

  • Category: Contracts
  • Subcategory: Releases
  • Date:
  • State: Minnesota

Answer:

Owning the negative or photo does not automatically grant you the rights to use, publish, or profit from it. You could be liable if you use a photograph of someone without their consent to gain some commercial benefi, such as for advertising purposes. In these cases, any commercial use would require some form of Model or Property Release. Liability may also be found if someone claims that his/her privacy rights were invaded, he/she was portrayed in a false light, or the photo implies that the person is endorsing a product or service. The best way to protect oneself against lawsuits is to get prior written permission to use the photograph.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, a model release is necessary if you plan to use photographs of individuals for commercial purposes, such as advertising or promotions. This written consent protects you from potential legal issues related to privacy rights or misrepresentation. Without it, you may face liability for using someone's image without permission.