Galleries and personal work

[kidwithacamera]

I shot a model awhile ago but we had a falling out before i was able to get a release of any sort from her.
I love one of the pieces and would like to use it in my personal collection for a gallery. It would be untitled and not for sale and there's no nudity or offensive material. I'd like to know - as a photographer am i protected legally in doing this?

Thank you.
-J

 

[KmH]

How an image was made and how it will be used determine if a model release is needed.

A model release protects the interests of 2 parties:

1. the model
2. the publisher

Notice the photographer is not even mentioned, however sometimes the photographer becomes the publisher of an image.

At this point the question then hinges on: What constitutes publishing?

Personal use, is not publishing. But, you also need to be aware there are 2 kinds of publishing:

1. Commercial
2. Editorial

Understanding the differences is not an easy task.

There are also considerations for self-publishing and self-promotion.

I recommend you get the book: A Digital Photographers Guide to Model Releases by Dan Heller

You can visit Model Release Primer and get a less detailed version that may, or may not answer your questions.

Be aware that model release requirements and 'right of publicity' laws vary by state.

At any rate - seeking legal advice in online discussion forums is not recommended since there is a TON of legal urban legend floating around, so you really should consult with an attornet familiar with this sub-specialty of law (publishing and releases).

 

[David Dvir]

I know up in Canada, the photographer generally has full rights to an image. If it's for commercial work than a release is needed. However you're free to use it in your portfolio.

 

[KmH]

Didn't Canada recently, (or is still in process of) revamp their copyright laws?

 

[David Dvir]

Not as of yet, as far as my knowledge goes. Although I do attempt to stay on top of it, still I could be wrong.

 

[dubaifor]

I think as long as you have her consent it should be fine. Also using it for portfolio as opposed to use it for commercial purpose is a totally different animal
+971 50 896 80 42 - Francisco Fernandez - Dubai Photographer

 

[LearnMyShot]

NO....no release no publication.....you can get sued