Use of portraits in my portfolio and model release requirement

craigsakid · May 10, 2013

I took portraits and headshots of my wife while we were married. I am using these in my online portfolio to show my work and abilities. We are now divorced and she is asking me to remove them from my portfolio.

1. Do I need a model release when using these, not for sale, but as part of my portfolio on my website and/or Facebook page, to show potential clients my work?
2. Or is it okay to have them online since I took the shots and am not selling these images, just simply using them for my portfolio?

Thank you for your help!

Ilovemycam · May 10, 2013

I don't know for sure...but I say NO release needed.

2nd But...anyone can sue if they got the $ to hire a lawyer.

Superfitz · May 10, 2013

You still need a release.

KmH · May 10, 2013

How, where, and under what conditions the images were made have a bearing on if you need a release or not to use images of people in your portfolio.

If the images were made in private, like in your home or in a studio, you need a release to use the images in your portfolio.

In other words, self-publishing cause photographers to assume the same liability any other publisher that uses an image.

Self-promotion is another aspect that has to be considered, but goes back to how the images in question were made.
If the people in an image can be perceived as advocates or sponsors of your business, it is advisable to have valid model releases on file for those images.

Model release law is not as cut and dried as laws like traffic laws. Model release law is state law, so it varies somewhat by state. Since California has a thriving Entertainment industry, California model release law is generally a bit more complex than it is in places like Iowa.

As it is, an online photography forum is not a reliable place to be getting legal advice. your best bet is to consult with a qualified attorney.

If you don't already have it, you might want to get this inexpensive book - A Digital Photographer's Guide to Model Releases: Making the Best Business Decisions with Your Photos of People, Places and Things

If your online portfolio is part of a business web site - Are Photographs Posted On the Internet Published? | Photo Attorney

Steve5D · May 10, 2013

Avoid the heartache and the drama and take them down. Be glad she's making the request and not her attorney...

HughGuessWho · May 10, 2013

^ Simple as that

The_Traveler · May 10, 2013

So this wasn't an amicable divorce, right?

Having had some divorce experience I can say that regardless of the model release stuff, cut the ties with your ex.
Stop holding onto pictures, stop using them.

craigsakid · May 10, 2013

Thank you for your advice. I took it and removed the images. Thanks, again, Craig

The_Traveler said:
So this wasn't an amicable divorce, right?

Having had some divorce experience I can say that regardless of the model release stuff, cut the ties with your ex.
Stop holding onto pictures, stop using them.

craigsakid · May 10, 2013

Thank you for your advice. I took it and removed the images. Thanks, again, Craig

craigsakid · May 10, 2013

Thank you for your advice. I took it and removed the images. Thanks, again, Craig

Steve5D said:
Avoid the heartache and the drama and take them down. Be glad she's making the request and not her attorney...

skieur · May 12, 2013

KmH said:
How, where, and under what conditions the images were made have a bearing on if you need a release or not to use images of people in your portfolio.

If the images were made in private, like in your home or in a studio, you need a release to use the images in your portfolio.

In other words, self-publishing cause photographers to assume the same liability any other publisher that uses an image.

Self-promotion is another aspect that has to be considered, but goes back to how the images in question were made.
If the people in an image can be perceived as advocates or sponsors of your business, it is advisable to have valid model releases on file for those images.

Model release law is not as cut and dried as laws like traffic laws. Model release law is state law, so it varies somewhat by state. Since California has a thriving Entertainment industry, California model release law is generally a bit more complex than it is in places like Iowa.

As it is, an online photography forum is not a reliable place to be getting legal advice. your best bet is to consult with a qualified attorney.

If you don't already have it, you might want to get this inexpensive book - A Digital Photographer's Guide to Model Releases: Making the Best Business Decisions with Your Photos of People, Places and Things

If your online portfolio is part of a business web site - Are Photographs Posted On the Internet Published? | Photo Attorney

So, according to your last link, photographs posted on the internet are NOT PUBLISHED.

skieur · May 12, 2013

Superfitz said:
You still need a release.

No.

Superfitz · May 13, 2013

skieur said:
No.

Yes

Overread · May 13, 2013

Superfitz said:
You still need a release.

skieur said:
No.

Superfitz said:
Yes

Might this not go better with reasoned arguments and sources of information and such. I mean I'm all for a yes/no fight, but we all know that in the end the only one that wins that is the mod who's awake that that hour to lock the thread.

Also let us not lose track of context - the OP in this thread has already now made their choice on the matter and removed the images in question from use. Whilst legal matters are important we also cannot lose sight of the specific situation that surrounds individual photos and sometimes its not just as cut and dry as being legally right or wrong.