Before I launch into legal advice and how I'm not giving it, I wanted to share my personal experience with you.
I am recommending and suggesting, rather than giving advice.
In reading this, you understand this and will not take this as legal advice, or advice of any kind.
Have you ever photographed a portrait and then posted it on Facebook? You may be infringing on someones personal reputation and privacy.
How can this be when all you want to do is show your photo on the social network.
After all it's your photo, you can do what you like, right? Well yes and no.
It is true that the photo is your image and you own the copy, distribution and resale rights to it.
However, when dealing with portraiture (and some other types of photography too) you can't always show it to the world the way you would like.
When you shoot someones portrait you are creating a representation of that person.
That photo represents their reputation.
This is important.
Before you expose that reputation into the public domain you need to ask for permission from them.
The public domain is regarded as anywhere where people can see something; the side of a highway, a website, a mall etc.
It seems like pretty much anywhere is public domain doesn't it? Well, that's right, it pretty much is.
Your model has the right to tell you they do not want to have their image displayed in public.
In fact, where I am based, if they refuse to sign what's called a Model Release form, your hands are tied.
No Model Release form, no public display.
It's that simple.
This relates to photos of children and adults.
(A signed form by a guardian is what's needed for those under legal age.
) Has this changed your perspective on portraiture? It doesn't need to be scary.
It simply means you need to understand that public display and portrait photography are not the same thing.
Not only does it offer protection to the models reputation but it also protects your ownership of the image.
Sometimes a model can ask for ownership of the image.
This is the same as asking an author to give up their rights to their book just because someone wants to read it.
Photographers often spend years of blood, sweat and tears learning their craft.
We're not going to give up ownership so easily.
A Model Release form ensures that the model understands that the image belongs to you, the photographer.
This isn't the same as owning a print.
A print is a copy of the image, but not the rights to the image.
Owning an image (copyright) means you have total ownership of your images.
In Australia, ownership of that images stays on until after 70 years after you die.
No one can own your images unless you say so.
A Model Release form is not only permission for public display but a legal way assert your right as the creator of the image.
If you have posted a gazillion images of family and friends over the past few years without one of these forms, don't stress.
If it is an informal arrangement then the decision is yours.
If you have been paid for the job then you may want to still have the protection of a Model Release form, or seek advice from legal council.
Having a Model Release form signed and dated by you and the model is good business practice.
It protects the reputation of the model and you.
For more information on documents and forms head on over to your local photography association.
They will usually have some resources to help you.