Hey Brendan, nice video! But you should mention that this is US/Canadian law (I guess) only. Other countries have different laws. Here in Germany for example you can't just take some guys picture and use it in a paper or magazine. The rules what constitutes editorial use are way more strikt over here. There has to be special interest in the moment (lets say a protest or a festival or something like this) the person is not supposed to stand out or must not be a central part of the composition or the person must actively or visibly take part in the event/story.
Exactly my thoughts! And another difficulty is: Does this law apply only when you live in the EU, or does it apply too when you live elsewhere and are just travelling here? I'm not sure about that.
I guess but instead of forcing these creators to constantly preface videos with disclaimers it would be nice if the viewers could tap into their logical side and assume that a North American creator is most likely speaking about local laws just as a European would likely be talking about their laws etc.
@@jiggyb21 he is an absolute world traveler and is in a different part of the world every time. You have to be aware of local laws too I guess. Not knowing is not an excuse. Same with drones for example
What if the model isn't in any way recognisable? As in a cityscape with hundreds of people a couple of pixels across or blurred to oblivion by long exposure.
Thanks Brendan. Great advice. Thank you for the PDF and app. I am going to print off a few for the camera bag and download the app. I need really thought about this. :)
Thank you so much! I've been wondering how this works exactly for a while now! This is very, very helpful! Do you also use/need a model release form when you are in the image yourself and you want to sell it for commercial use?
Thank you very much for this video! You explained this topic very well, and I have a much better understanding in regards to this. I will keep this in mind as I produce more photos and video content!
What about selling a print that is from a gallery show? That case, the image isn't selling a product rather the print displayed in the gallery show IS the product. So for people in the images, would that need model releases? Thanks!
To Brendan Van Son ,much for the Infor but what about photos of people that someone wants to use for their website , which of this form should one use?
Ok, tricky question. Let's say I review lens for a company, inserting some portraits with different persons. In the description of that video, there's a link to the lens, so people can buy it. Do I need a model release in this case?
Good insight...thanks for clarifying that. I haven't had to use a model release form to date..but, never know. Thanks for the APP tip as well...good stuff!
Once I upload from Xpiks to those stock sights, do I then go to those sites to ONLY upload the releases? I don't understand how I can upload my videos with keywords if there is NO release attached.
If I took a picture of an outdoor mall (16th Street Mall in Denver) with many people walking, and then I printed copies of that picture and sold each copy, would I need model release forms? Would it change things if I used Photoshop to add "Denver" typed somewhere on the picture?
How about if you join a contest and your photo was taken in street and they are asking you a release. Or how i can explain to them? Pls help. Thank you
Thanks Brendon, for adding some simplicity to model releases. I'm a Level 8 google tour guide that's starting to monetize some of my content. Also, the he release app will prove most helpful, It will be better to have and not need , than to need and not have! 👍new follower and will pass on to a few friends!
So in the magazine example you gave, do you need a model release just for the page that is selling that product, or do you need a model release if there is an ad anywhere in the magazine? Did that question make sense?
Great clarification! I know that France is a bit difficult with their places anyways, but in general , how do you find out about specifics for editorial vs. commercial use for places?
But with if your a photographer in the Adult Ent. business and female models "demand" pay and you "pay" them for "their time" but at the same time you're gonna use the content for promotion AND to make the money back... do I need to make her sign a model release too??
I am the model and the photographer. When I go to download the images, do I just select the editorial option? Because it's annoying to ask permission for the model itself. I sent 144 images and all were refused due to lack of authorization.
Good one Brendan, What are your thoughts on model releases for people who are non-identifiable persons I.E photos of people not facing the camera and public figures? Thanks,
Hey Brendan, I have a question. What if I’m using a photo on my site to reach photography lighting. I’m not selling the image but selling the intellectual property which is technical knowledge behind the photo. In this case do I need a model release ?
I have a picture of a couple arm In arm walking away from me. You can’t see their faces. They and probably their friends would recognise themselves from hair/body shape etc but I don’t think a stranger could pick them out by looking at the photo. Could I use that as editorial without a release?
Looking for a quick yes or no answer. So, if I take portrait photos and place them on my Instagram. I then promote my company in the caption but not in the image itself but they do have my watermark and us the ad function on Instagram to boost it Is a model release required for that?
Nope. Not unless it was a photo you were using as an ad to directly sell your services. Like a photo and on that photo it said, "portrait sessions $100 contact xxcgf for details"
Great video. Thank you. What types of release forms do you need if you are selling your services (ie . Portraits or headshots) and using the images for your own marketing purposes? Thanks.
Do I need a release form if “someone” else took a picture of a subject with my product and I want to post online. If so.. where can I get one? Or can I just give them credit on social media?
what if i have a project where we take pictures of someone for our shirts we make to post on our website and Instagram. would you say to use it the release form just to be safe? #help
Thanks for your video... great info as usual. And helpful too as we just got back from Paris and took photos of the Eiffel tower lit up and we thought we couldn't post them or use them, so your video really helped. Thanks again. As I don't plan to sell the photo I can still post it on Instagram right?
Thank you so much for the great advice Brendan I learned a lot.But Been having a hard time to get the answer for the question I have. Just wondering lately I've been working on music video on one of my tracks and wondering If MV is commercial use or Editorial use? Cuz It's not directly selling any product but on the other hand, I'm promoting my music with the video content and the music is gonna be on sale in Itunes and many other platforms. I have a few cast members and I don't wanna cross the line of the name of law so I need to make sure being acknowledged and put together of how everything works in the Use of Model in the video content. Does Model-release-form also apply to actors,actress in the music video content? I'm willing to pay them certain amount of money and I'm afraid If anything goes wrong after release of my music and going thru disputing stage with members. If you happened to have any information related to this topic, I need your advice. Thank you !
@@BrendanvanSon Surely "nope" and "be aware that... countries have different laws" don't belong in the same response. This video is dangerous. It's a web video without any geo reference. People are taking this as gospel and in many countries it's not the case. I like your content, but you should be careful with sweeping statements, especially with a large following.
commercial or editorial is not the case, the case is if you use a photo in my country from a person, you must have a release or contract, otherwise no magazine would use your photo....
I would love to know more about property release. As I understand from this video, as long as I'm just posting on my facebook or instagram etc. I can photograph and publish whatever I want (no matter how popular on not my page / profile is), but things can get complicated if I would like to sell any of this pictures ie via photo stock. If I stick to "editorial use only" I'm safe but potentially I'm loosing buyers. Is it roughly about right?
@@mremumerm that doesn't make things easier at all :) any advice about what it can be? Something like chain hotels or skyscraper? I always thought that "non commercial use" is a magic key to keep using pictures.
That's how I understood it but I've had images refused for commercial by Shutterstock for having people in the distance with their backs to the camera - no way remotely identifiable - and have had others accepted when ID was perhaps possible.
@@alasdairmackenzie905 Weird I have uploaded to shutterstock when they aren't recognisable and had no issues. But I'm fairly new to it. I did a little google about it and if they aren't recognisable I'm still going to upload without form.
Great info mate. What about city skylines where distinct buildings are in them and... I thought people in the UK who are in public spaces I don’t need a model release (thinking street photography as a prime example). Cheers Jase Ps... outed by Jodie... lol!! She’s using your RP before you announce what it is... sorry bud!! She stole ya thunder!! Lol 😝
I'll refer you to my other comment. But, anytime there's a person you should get a release. Even if they're not totally recognizable most stock agents will deny the image anyways.
@@BrendanvanSon Never had problem with unrecognizable people on stock but I make sure no face part are show at all but if it was not for stock I will use a model or ask for a release
That's actually not true. Most stock agents would reject this photo even if there's not 100% recognizable. That person could claim that's them - and with some editing could probably brighten themselves up to the point that they're recognizable. Moreover, they could likely prove that's them by sharing another photo of themselves from that location/time. Anytime there's a visually identifiable person in the frame, you need a model releases.
@@BrendanvanSon which leads to issue, as some MS will allow them as commercial, but you are still exposed if someone decides that it is them on the picture, and asks for compensation.
@@BrendanvanSon the biggest one probably allows it. i've had way more identifiable ones go through. but i know I am taking an exposure risk. same way i am taking one of shots of a sheep in Irlande with clear identification markings. Yes the MS allow it, but in the end i am responsible if someone wants to challenge
![ร้อยพ่อพันแม่ - WanMai [Official MV]](http://i.ytimg.com/vi/XY2pNYASEbg/mqdefault.jpg)
Thanks! I've been a photographer for awhile, but learning photography not business. Now I need to learn the business side
My pleasure dude!
Hey Brendan, nice video! But you should mention that this is US/Canadian law (I guess) only. Other countries have different laws. Here in Germany for example you can't just take some guys picture and use it in a paper or magazine. The rules what constitutes editorial use are way more strikt over here. There has to be special interest in the moment (lets say a protest or a festival or something like this) the person is not supposed to stand out or must not be a central part of the composition or the person must actively or visibly take part in the event/story.
Exactly my thoughts! And another difficulty is: Does this law apply only when you live in the EU, or does it apply too when you live elsewhere and are just travelling here? I'm not sure about that.
@@goateyephotography808 I think it applies also if you don't live in the EU. Otherwise I would emigrate. 😂
I guess but instead of forcing these creators to constantly preface videos with disclaimers it would be nice if the viewers could tap into their logical side and assume that a North American creator is most likely speaking about local laws just as a European would likely be talking about their laws etc.
@@jiggyb21 he is an absolute world traveler and is in a different part of the world every time. You have to be aware of local laws too I guess. Not knowing is not an excuse. Same with drones for example
Actually, you corrected a few misconceptions I had. Loved it.
What if the model isn't in any way recognisable? As in a cityscape with hundreds of people a couple of pixels across or blurred to oblivion by long exposure.
This would be good to know Brendan
Super helpful video dude, thanks so much for sharing
Thanks for the video! Best explanation I've found!
Thanks Brendan. Great advice. Thank you for the PDF and app. I am going to print off a few for the camera bag and download the app. I need really thought about this. :)
Glad it was helpful guys!
@@BrendanvanSon Loving all your photography and tips videos. :)
Excellent topic and video Brendan! Thanks for very useful info.
I just found this video and found it very informative. All good tips and really necessary for today's photographers/videographers. Thanks for sharing!
Awesome video. I learned something new. I downloaded and 1 click purchased the app while you we finishing up.😁
Thank you so much! I've been wondering how this works exactly for a while now! This is very, very helpful! Do you also use/need a model release form when you are in the image yourself and you want to sell it for commercial use?
Thank you very much for this video! You explained this topic very well, and I have a much better understanding in regards to this. I will keep this in mind as I produce more photos and video content!
What about selling a print that is from a gallery show? That case, the image isn't selling a product rather the print displayed in the gallery show IS the product. So for people in the images, would that need model releases? Thanks!
To Brendan Van Son ,much for the Infor but what about photos of people that someone wants to use for their website , which of this form should one use?
Ok, tricky question. Let's say I review lens for a company, inserting some portraits with different persons. In the description of that video, there's a link to the lens, so people can buy it. Do I need a model release in this case?
It depends if the camera company is paying you to pay the video. If so, yes, legally you do.
I've been watching you the past few months and am quite happy I've done so. You're a cool cat. Have a great day BvS.
Yessss! Thank you so much for this. So many people get confused by this
Good insight...thanks for clarifying that. I haven't had to use a model release form to date..but, never know. Thanks for the APP tip as well...good stuff!
Thanks, you explain the procedure very well.
This is so useful information. Thanks a lot Brendan!
great video Brendan, I always wondered how that works.
I have filmed drone footage of different lighthouses. Do I need a release form to put that on my website selling stock footage of that?
Once I upload from Xpiks to those stock sights, do I then go to those sites to ONLY upload the releases? I don't understand how I can upload my videos with keywords if there is NO release attached.
I am filming a documentary about a band. Don’t I need a release for each band member and their music?
wow thanks for this. Took me 10 videos until I found yours and actually understand
This video has helped me out so much. Thanks Brendan
If I took a picture of an outdoor mall (16th Street Mall in Denver) with many people walking, and then I printed copies of that picture and sold each copy, would I need model release forms? Would it change things if I used Photoshop to add "Denver" typed somewhere on the picture?
How about if you join a contest and your photo was taken in street and they are asking you a release. Or how i can explain to them? Pls help. Thank you
Thanks Brendon, for adding some simplicity to model releases. I'm a Level 8 google tour guide that's starting to monetize some of my content. Also, the he release app will prove most helpful, It will be better to have and not need , than to need and not have!
👍new follower and will pass on to a few friends!
So in the magazine example you gave, do you need a model release just for the page that is selling that product, or do you need a model release if there is an ad anywhere in the magazine? Did that question make sense?
It needs to be the photo itself selling something. If the magazine has ads, it doesn't matter. It's about the photo's purpose.
Great clarification! I know that France is a bit difficult with their places anyways, but in general , how do you find out about specifics for editorial vs. commercial use for places?
Want a model release form? Head to Brendansadventures.com
For release u can use adobe fill & sign.. I think it's easy app to use
I'm kind a new at stock photo and realy love your video it's help me alot
Excellent video Brendan. Thank you for these fantastic valuable "Tuesday" videos.
most magazines and publications I've worked for require it :o but usually most of my pictures are silhouettes of people far away
But with if your a photographer in the Adult Ent. business and female models "demand" pay and you "pay" them for "their time" but at the same time you're gonna use the content for promotion AND to make the money back... do I need to make her sign a model release too??
THANK YOU SO MUCH 🙏🏾. This video is everything
I am the model and the photographer. When I go to download the images, do I just select the editorial option? Because it's annoying to ask permission for the model itself. I sent 144 images and all were refused due to lack of authorization.
You just need to create a model release for yourself and have someone else witness it. Then, upload that with the file.
@@BrendanvanSon thanks 🙌
Thanks for the info. I have been curious about this.
What does the "model" get in return for signing a model release?
thanks dude, very useful!
Good one Brendan, What are your thoughts on model releases for people who are non-identifiable persons I.E photos of people not facing the camera and public figures? Thanks,
Hey Brendan, I have a question. What if I’m using a photo on my site to reach photography lighting. I’m not selling the image but selling the intellectual property which is technical knowledge behind the photo. In this case do I need a model release ?
I like this explaining video stuff, peace BvS
Glad you like it buddy!
Don’t forget to sign a model release for yourself too - took me a while to figure that out!
Yup, and the stupid thing is you need a witness on your own model release haha
Yeah, I’ve been selling images of myself and signing my own releases for a while
I have a picture of a couple arm In arm walking away from me. You can’t see their faces. They and probably their friends would recognise themselves from hair/body shape etc but I don’t think a stranger could pick them out by looking at the photo. Could I use that as editorial without a release?
As editorial, yes. Commercial... it's on the fringes.
Brendan van Son thanks
Looking for a quick yes or no answer. So, if I take portrait photos and place them on my Instagram. I then promote my company in the caption but not in the image itself but they do have my watermark and us the ad function on Instagram to boost it
Is a model release required for that?
Yes.
Thanks for the Easy Release tip.
Do I need a modele release form for my porrfolio or Instagram ? I'm selling myself (as a service) and the pictures are there to show what I can do
Nope. Not unless it was a photo you were using as an ad to directly sell your services. Like a photo and on that photo it said, "portrait sessions $100 contact xxcgf for details"
What if someone sitting on a beach drinking a drink and the brand is showing. Photo for travel mag. The photo will only be editorial. Any issues.
No issues
Crystal clear! Thank you!
Great video. Thank you. What types of release forms do you need if you are selling your services (ie . Portraits or headshots) and using the images for your own marketing purposes? Thanks.
Cheers for the info mate, much appreciated
Thanks for clearing that up so well.
My pleasure!
Thanks for this video! This really cleared up a lot for me.
You're welcome. Thanks for watching.
Best TH-cam channel
About the Eiffel Tower, I think only the light show is considered an artistic display and is indeed protected by copyright.
Great info, good content. Learned something new!
Do I need a release form if “someone” else took a picture of a subject with my product and I want to post online. If so.. where can I get one? Or can I just give them credit on social media?
You need their written permission. It can be via email.
I took pictures of people but l have no idea who they are. What do l do? 😅
what if i have a project where we take pictures of someone for our shirts we make to post on our website and Instagram. would you say to use it the release form just to be safe? #help
If you're selling the shirts, then you need a model release from the people in the photos.
Brendan van Son cool thank you!
Well expleined ! Thanks Brendan ! 😁
I wait for you in patagonia. Hugs brendan.
I learn a lot with this type of video 🤘
Thanks for your video... great info as usual. And helpful too as we just got back from Paris and took photos of the Eiffel tower lit up and we thought we couldn't post them or use them, so your video really helped. Thanks again. As I don't plan to sell the photo I can still post it on Instagram right?
Yup, of course. You can only not use the image as commercial sale. Otherwise, post away!
What I want to know is whether Jodie voluntarily signs her model releases :-)
Do you need a model release for model in a youtube vdo?
Not unless it's a commercial video.
Nice explanation.
Did you retire the octopus?
Thank you so much for the great advice Brendan I learned a lot.But Been having a hard time to get the answer for the question I have. Just wondering lately I've been working on music video on one of my tracks and wondering If MV is commercial use or Editorial use? Cuz It's not directly selling any product but on the other hand, I'm promoting my music with the video content and the music is gonna be on sale in Itunes and many other platforms. I have a few cast members and I don't wanna cross the line of the name of law so I need to make sure being acknowledged and put together of how everything works in the Use of Model in the video content. Does Model-release-form also apply to actors,actress in the music video content? I'm willing to pay them certain amount of money and I'm afraid If anything goes wrong after release of my music and going thru disputing stage with members. If you happened to have any information related to this topic, I need your advice. Thank you !
Do you need a release form if all your pictures go on Instagram or a pics and video selling website like Clips4sale?
If you're selling it, yes.
@@BrendanvanSon ok thank you
Awesome. That helps with questions I had
Pleasure buddy!
Great explanation bro!
Thanks that was helpful!
All this info was really very informative and helpful to me. Thank you =)
You're welcome
How about if you just want to sell prints, do you need the model release?
Nope. But be aware that some countries have different laws
@@BrendanvanSon Surely "nope" and "be aware that... countries have different laws" don't belong in the same response. This video is dangerous. It's a web video without any geo reference. People are taking this as gospel and in many countries it's not the case. I like your content, but you should be careful with sweeping statements, especially with a large following.
very informative! thanks!
commercial or editorial is not the case, the case is if you use a photo in my country from a person, you must have a release or contract, otherwise no magazine would use your photo....
nice mate. thanks
I would love to know more about property release. As I understand from this video, as long as I'm just posting on my facebook or instagram etc. I can photograph and publish whatever I want (no matter how popular on not my page / profile is), but things can get complicated if I would like to sell any of this pictures ie via photo stock. If I stick to "editorial use only" I'm safe but potentially I'm loosing buyers. Is it roughly about right?
some property will actually also restrict Editorial use, and say any picture for the intent of making money needs a release.
@@mremumerm that doesn't make things easier at all :) any advice about what it can be? Something like chain hotels or skyscraper? I always thought that "non commercial use" is a magic key to keep using pictures.
I was under the impression that you only need model release if the person is recognisable?
That's how I understood it but I've had images refused for commercial by Shutterstock for having people in the distance with their backs to the camera - no way remotely identifiable - and have had others accepted when ID was perhaps possible.
@@alasdairmackenzie905 Weird I have uploaded to shutterstock when they aren't recognisable and had no issues. But I'm fairly new to it. I did a little google about it and if they aren't recognisable I'm still going to upload without form.
Do you need a signed release when the subjects cannot be recognized>
Great info mate. What about city skylines where distinct buildings are in them and... I thought people in the UK who are in public spaces I don’t need a model release (thinking street photography as a prime example). Cheers Jase
Ps... outed by Jodie... lol!! She’s using your RP before you announce what it is... sorry bud!! She stole ya thunder!! Lol 😝
She's not using my RP though...
Brendan van Son damn... don’t I look stoopid!! Lol 😆
Thanks! How about NFTs?
Same rules. If it's sold as art, or journalism it doesn't need one. If it's a commercial ad, then yes.
Perfect timing
Not quite true about the advertising the islands part.
And the “directly selling something” isn’t really true either.
Nay, you got Jodie ;)
great mate🤙 stay happy tho
Do you need to sign your own model release if you're the subject of your own photo?
Yes. And find someone else to witness the signature.
@@BrendanvanSon Awesome. Thank you :)
If the person isn't recognizable as the Lofoten magazine person you don't need a model release even for commercial
I'll refer you to my other comment. But, anytime there's a person you should get a release. Even if they're not totally recognizable most stock agents will deny the image anyways.
@@BrendanvanSon Never had problem with unrecognizable people on stock but I make sure no face part are show at all but if it was not for stock I will use a model or ask for a release
@@BertrandVan never had a problem, but you are still exposing yourself. The fact the MS allowed it is not court of law.
@@mremumerm well nope as in UK it's a clear cut>>>not recognizable >>> no model release, period
@@BertrandVan how does that relate to the Lofoten?
Easyrelease on the App Store
Bit of a bad example. That person in the photo isn't identifiable. You wouldn't need a model release for that.
That's actually not true. Most stock agents would reject this photo even if there's not 100% recognizable. That person could claim that's them - and with some editing could probably brighten themselves up to the point that they're recognizable. Moreover, they could likely prove that's them by sharing another photo of themselves from that location/time. Anytime there's a visually identifiable person in the frame, you need a model releases.
@@BrendanvanSon which leads to issue, as some MS will allow them as commercial, but you are still exposed if someone decides that it is them on the picture, and asks for compensation.
@@BrendanvanSon No amount of brightening makes a person shot from behind identifiable. And what is identifiable from another photo is irrelevant.
@@mremumerm exactly. Although most MS would actually deny that image without a release
@@BrendanvanSon the biggest one probably allows it. i've had way more identifiable ones go through. but i know I am taking an exposure risk. same way i am taking one of shots of a sheep in Irlande with clear identification markings. Yes the MS allow it, but in the end i am responsible if someone wants to challenge