What is my potential liability for posting photographs of people without a model release?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is my potential liability for posting photographs of people without a model release?
As a photographer, I try to get a model release at all times. On the occasion I have an image without a model release, and I want to post it on my website, what risks do I run without a model release? The site is a photography portfolio site, promoting my photography business. The images are not posted for resale, just samples of my work.
Asked on August 29, 2011 Nevada
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It is always best to obtain a written release and authorization from a person whose image will be used in any advertisement in that the unauthorized use of a person's image be it a photograph or video for profit or possible profit is an actionable offense in the civil arena, tortious use of a person's likeness or image.
The negative outcome of the unauthorized use of one's umage for business promotion or profit would be a lawsuit seeking injunctive relief and damages. Attorney's fees in defending such an action could be quite expensive.
Prudence suggests that a written lease by every indiviual you wish to place for your business promotion be first obtained before the image is displayed.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.