Is a photo release required if you plan to sell a photograph of a person?

Answer 1

In North America: It is best to get a photo release just to be sure because you may get sued for violation of their rights. If the image is used for commercial purposes such as to sell products or to imply endorsement of a product or if the photo is used in a commercial website -- that is, one sponsored by a business or that sells products or services -- the unauthorized use of an image may violate their right to privacy, especially if the public can identify them. Especially if the person is a celebrity of some sort (or becomes one) you may have a serious issue if you insinuate they endorse the product or service being sold. Some believe that images in a portfolio are exempt, but let's face it. A portfolio is used to promote yourself for personal or fiancial gain and as such, becomes a commercial purpose. That is why professional photographers include a paragraph in their contract that stipulates the customer releases the use of images for commercial/artistic use.

If the photo is used for journalistic purposes (deemed newsworthy) a release is not required. In some countries, it may be required regardless of the intended use.