When do I need a model release?

[alabama1980]

What is the name of your state (only U.S. law)? Alabama

I'm trying to get the ball rolling to make a few dollars with my camera. I'm having some people pose for me and such (nothing more than PG stuff).

Before I get too deep in this I need to know definitively when I have to have a model release. Having been in photography for 5 years or so I know a little bit...which is probably enough to hang myself. I know I own all my images and its the use that makes the difference...

I know that you can't use an image for commercial purposes. Now...what is the definition of that?

I've heard that a portfolio (web gallery or physical prints) is commercial use, but then I read elsewhere that it was only commercial if the image somehow implied that the person endorsed your brand or product.

http://www.asheltonphoto.com/portfolio/kayla/

Take those for instance. It's not worrying me because she's a great friend of mine and if I was ever asked to I would take them down, but say she wasn't a great friend and it was a paid gig (or TFP). Would I need a release just to have them on my site? Is it commercial use? My purpose for them is in fact to gain future clients, but there is nothing to indicate that the model so much as likes me or my brand.

 

[FlyingRon]

Your portfolio would require a release. Anything other than for your personal (or news use) is commercial whether you are receiving direct compensation for the use of the photo.

Generally, it's safest to get releases from anybody you shoot that is identifiable.

 

[alabama1980]

Your portfolio would require a release. Anything other than for your personal (or news use) is commercial whether you are receiving direct compensation for the use of the photo.

Generally, it's safest to get releases from anybody you shoot that is identifiable.

Thanks. The times I have shot people I didn't know too well I have got a release, but I was never sure if it was required. Sometimes signing things can be a mood killer for people...

I supposed I will just continue on with that practice! Appreciate the response!

 

[QueenofEngland]

By using an image in your portfolio, you hope to make a gain of some sort. You hope to gain new clients, and through them to gain money. his makes it commercial.

As was already said, better to always get releases to be in the safe side.

I was a lingerie model in my younger years, which, for lingerie, means until I looked a whopping 21 years old. Just a basic release was fine and covered me and the photographers and the companies hiring them.