How to take photos and never need a model release

Nature Photography

Become a nature photographer and you can publish your work. As long as you don’t photograph people or private property you can take pictures and publish them without any problems.

I guess this is why so many people like photographing our national parks. If you however, photograph someone’s property then you cannot publish this without his or her written consent in the form of a property release.

If you photograph a private ranch for instance with a barn on it, that property owner can come after you for publishing photos of their property.

News Photography

Become a news photographer and not only get your work published you can also get a byline. The First Amendment protects your right to take photos and publish them.

The First Amendment contradicts people’s right to privacy if you are in a public space for news reporting and social, political and economic commentary. Basically as long as the photographer is standing in a public space then anything they can see from that spot is legally protected to photograph for news reporting purposes.

This is how the paparazzi get photos of celebrities and not break the law. If they are on a mountain road overlooking a celebrities backyard and they shoot with a long lens it is OK to do.  Same with being in a helicopter since the airspace is legal as well.

If you want to photograph people and do so without getting model releases you can work for one of these news outlets because you are working for the greater good of society.

The greater good is really more about taking photos of things we need to know to make our communities safer or we need to know about to protect our rights from those who are trying to take those away. So photos of traffic accidents help the community put up traffic lights at intersections which reporting has shown to be dangerous.

Photographs showing companies’ polluting our streams or illegal dumping that is documented have held them accountable. Just think of the reporting of the Exxon Valdese and BP’s oilrig in the gulf that polluted our water.

You don’t publish your photos

If you never publish your photos in print or on the web, but just take them and leave them on your computer for example, then you don’t need a release. Basically you are not using them in a way that impacts the subjects or property.

How it is used is the issue

So to summarize you taking the picture isn’t the issue for needing of a property release or model release, it is how you use the photo that determines the need for a release.

One simple way to think of it if you publish a photograph for trade or commercial purposes you always need a release to protect you from a lawsuit.

When You Need A Release

Hopefully you see if you want your photos seen you most likely need a release. This is an earlier post I did that will help you always have a model/property release with you at all times.

http://blog.stanleyleary.com/2013/07/importance-of-model-release-for.html