It's always better to get a release. And there are a few instances where I would consider a release to be mandatory even through the purpose is purely art. One is photography of underage children; the other is photography of nude models. In both cases, asking for and getting a signed release provides additional protection against potential allegations of inappropriate behavior.
And Wayne's humorous comment is sadly quite true - photographing roots and rocks avoids those problems
Although you may still need to get a property release from the owner of the land where you find those roots and rocks.
I made up my own release I have my models sign
I'm sure it would never hold up in court if challenged
hell..I tell them it probably wouldn't... it's more of an agreement on what I plan to do with the pix..what they can do with them and that I will not
show any pix publically that they do not agree to
it puts me to a big disadvantage...but makes them feel better about posing for me.... and I'm not in it for money anyways
This is what I was told/read. Only in the event a photograph of a person is used to support an idea, campaign, product, services, belief, etc. then you need to have a release form. I think some people get releases up front "just to be safe", but for the most part I don't think one needs to get them. And if you plan on using a portrait in an advertisement supporting your work (for example), it only makes sense to be respectful and get not only verbal approval from the person, but it in writing as well.
You never know if a model could become famous...
She just might be the next Marilyn Monroe.
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