One of the realities of stock photography is that you need permission to sell a photo of a person who modeled for you. The actual laws of when you need a model release get a bit complicated, but the stock photography agencies simplify model release matters a lot:

You need a model release anytime you can recognize the person in the photo.

Simple and straightforward. This means that you do not need a model release for shots taken behind people, if they’re covered in a ninja outfit, silhouetted, etc. However, if you have a model in full kabuki face paint they may well be unrecognizeable, but if you can see their face, you need a model release. Also note that you need a model release even if it’s a picture of yourself.

As a general rule of thumb try to get a model release for everyone you shoot, even if you don’t think you need it. Carry model releases with you everywhere and make getting them part of your standard operating procedure. When in doubt, assume that you need a model release.

When You Need a Model Release Examples:

If you wanted to sell this photo you would need a model release from the man sitting on the chair. Even though he’s blurry and in the background, you could easily argue that you can identify him. However you would not need a model release from the woman owning the legs in the foreground.

This photo is a bit tricksy. We can see the entire ice climber and we can even see his part of his face. However, because he’s covered in bulky winter clothing and we can only see a bit of his face — and of that his goggles cover up even more – it is not a recognizable image. If you worked with this guy and saw this image, you’d never realize the model was your coworker unless you were told.

However, that said, stock agencies are hyper-careful about model releases, and some of them may require a release even for this photo (or a silhouette, or a photo with no faces at all). In general the only way to be safe is to get a release of any photo with a person in it.

Where To Get a Model Release

Stock Photographer Blog has a sample model release that you can download in microsoft word or pdf format. You can get it here: Downloadable Model Release