Q: What is a model release?
A: A model release, known in similar contexts as a liability waiver, is a legal release typically signed by the subject of a photograph granting permission to publish the photograph in one form or another. The legal rights of the signatories in reference to the material is thereafter subject to the allowances and restrictions stated in the release, and also possibly in exchange for compensation paid to the photographed (Wikipedia).
So what does that mean:
In simple terms, a model release is a document signed by the person that can be recognized in a photo, giving her or his permission to the photographer to use that photo for commercial purposes. Even if the photo is actually depicting the photographer himself (a “selfie”), we still need to have the model release filled in if you want to sell it on Foap.
Q: What if there’s a crowd in the photo? Do I need a model release from each person from the crowd?
A: In general, there are two main cases:
1) if a crowd covers only a small part of the photo and/or the faces are not sharply visible and something else is the main subject of the photo, then you don’t need a model release for selling it under a Commercial license, but there are some exceptions though.
2) if a crowd takes a bigger part of a picture and faces can be clearly visible, then you would need a model release (for each recognizable face on the photo) in order to sell it under a Commercial license.
If you are not sure, whether the visible faces can be considered recognizable or not, then it’s best to use an Editorial license when uploading your photo, since it doesn’t require you to have a model release.
Q: How to add a Commercial license to my photo(s)?
A: You can add a commercial license using one of three ways described below (note that “Editorial” license is added automatically with your “Commercial” license)
When answering the legal questions (after uploading a photo):
If there are people (or brands) in the photo with recognizable faces (logo) and you have a permission to use the photo for “Commercial” purposes:
1) Are there people in this photo? Choose “Yes”.
2) Are the faces in this photo recognizable? Choose “Yes”.
3) Do you have a permission of people present in this photo to use it for commercial purposes? Choose “Yes”.
If there are people (or logo of a brand) which can’t be recognized)
1) Are there people in this photo? Choose “Yes”.
2) Are the faces in this photo recognizable? Choose “No”.
If there are no people/no brands in the photo)
1) Are there people in this photo? Choose “No”.
Q: How to add an Editorial license to my photo(s)?
A: When answering the legal questions (after uploading a photo):
1) Are there people in this photo? Choose “Yes”.
2) Are the faces in this photo recognizable? Choose “Yes”.
3) Do you have a permission of people present in this photo to use it for commercial purposes? Choose “No”.
Once you’ve done the steps above, your photo will have an “Editorial” license.
