Guidelines for Contributors

Part 1: Introduction

Elements in visual media can impact licensing decisions. These guidelines aim to help educate artists regarding the particular releases required in order to engage in commercial licensing practices. Advice provided in these guidelines is not a substitute for professional services or advice. If you are uncertain, you should consult your own legal representative for additional information.

Certain licensing policies demand releases in connection with particular objects and individuals depicted in visual media. These policies protect parties from legal claims ranging from misappropriation of likeness, to privacy, to trademark. For example, an artist must capture:

Model releases for identifiable people,
Property releases for recognizable buildings, and
Releases to display any trademarks, logos and other third party visuals.

In most cases, unless such requirements are met, work will be marked (or will default to) “editorial use only.” This means that the visual media cannot be used for advertising, promotion or other commercial purposes.

Part 2: Elements in Visual Work Requiring Releases

2.1 People

2.1.1 Generally

Model releases are required for all recognizable people in photographs, in order for those images to be licensed for commercial use. This includes both people who are clearly visible, and people who may be recognizable because of distinct tattoos, scars, clothing, setting or others in the photograph.

2.1.2 Sensitive Depictions

Certain situations are sensitive and may require model releases in order for photographs to be licensed commercially, even if the subject is not clearly recognizable. These include images of nude or partially nude people, or people in particularly private or sensitive circumstances.

2.2.3 Children

If a subject of the photograph is a minor, a parent or legal guardian must sign the release. Whether a child is a minor depends on state law; in most states children under 18 are minors, while in a few states the age cut-off is higher.

2.2.4 Crowds

If a photograph depicts an unplanned (unstaged) crowd of many people and no individual person is prominently featured, it is generally not necessary to obtain model releases.

If necessary model releases are not obtained, then images may nevertheless be licensed for editorial use.

2.2 Property

2.2.1 Generally

Property releases may be required in connection with certain photographs of recognizable buildings and real estate, in order for those images to be licensed for commercial use. For example, releases are required for images of:

Interiors of residences or buildings (excluding scenes that are generic and cannot be easily identified).
Exteriors of residences or buildings captured on private property (excluding scenes that are generic and cannot be easily identified).
The exterior of a residence or building captured on public property and showing clearly identifiable features (i.e., street name, street number or a company logo/building design).
A venue where an admission fee is charged for access.

2.2.2 Unique Buildings and Landmarks

An artist should be aware that certain unique properties and buildings are also protected by copyright or trademark unless the property is not the focus of the photograph (i.e., as part of a cityscape, skyline or panoramic view of a neighborhood). Examples of some properties that are under additional protection are:

The Grand Ole Opry
Rockefeller Center
Disneyland
Eiffel Tower at night
Buckingham Palace
The London Eye
The Sydney Opera House

Work showing identifiable property without a release or those buildings or properties that are protected by another form of intellectual property should be licensed as editorial use only.

Identifiable properties that may require permission to photograph can be found on some of the sample resources below. Please note that these lists are not exhaustive.

2.3 Intellectual Property

2.3.1 Copyright

Photographs of recognizable copyrighted works may require a release from the copyright owner(s) of those works in order to be licensed commercially. For instance, a photograph of a portion of the text of a book or article; sheet music; a painting, another photograph or a sculpture; even a particularly distinct map.

2.3.2 Fine Art and Design

Even if fine art is in the public domain, permission may be required if the work is located on private property and/or admission is charged for access (for example, in a museum or private park). This includes painting, sculpture and other two-dimensional media, but also designer furniture and three-dimensional designs.

If the fine art is displayed as part of a scene, permission is required from the artist and a property release is required from the building owner or legal representative of the property.
If the fine art is a mural or painting on the interior or exterior of a building, and in the public domain, the property release will cover the use.
If the fine art is a mural or painting on the interior of exterior of a building, and not yet in the public domain, permission is required from the artist and a property release is required from the building owner or legal representative of the property.

2.3.3 Trademarks

A trademark is a word, phrase or symbol used to identify specific goods or services. Photographs that include prominent trademarks require a release from the trademark owner, in order to be registered commercially. This includes trademarks on products, clothing, buildings or anywhere else (for example, Nike sneakers, a San Francisco Giants hat, the Apple logo on a computer).

If a trademark is a minor element and not the focus of an image, you may be able to engage in commercial licensing of the image.

2.3.4 Trade Dress

Trade dress is the physical design or appearance of a product or its packaging that identifies the source of the goods or services. Objects covered by trade dress include classic cars, food containers, Coca-Cola bottles, and a Rubix cube. Works covered by trade dress should not be captured in their entirety (using cropping to protect the trade dress) or the use of the object should be avoided. Other solutions include the use of blurring if the trade dress is a minor element, or to obtain a release from the trademark owner.

2.3.5 Embedded Media

An artist should always be aware of any media, which may be embedded in a scene. This includes fine art (which may require a release from the artist), identifiable people captured in still photographs within a room (which would require a model release from the individual, or in the case of a historic photograph, from the next of kin and permission from the photographer), a trademark symbol (which may require a release from the manufacturer), or even a webpage on a computer screen (which is protected by copyright).

2.4 Objects

2.4.1 General Information

Almost every photograph contains objects of one kind or another. While most objects do not require releases, some do raise legal concerns as discussed below. When you evaluate whether a release is necessary for an image of an object, you should also consult the section on intellectual property rights, since a visible trademark or copyrightable material may also require a release.

2.4.2 Commercial Products

Product shots are photographs prominently featuring a single type of product that may be recognizable to viewers (e.g. a close-up of a Rubik’s Cube, a set of Lego toys, an iPhone, Prada shoes), or a product’s packaging (a Coca-Cola bottle, a Tiffany’s box or bag). If the product or packaging is likely to be recognized or has a visible name, logo or other trademark, a release is necessary in order for the image to be licensed for commercial use.

Particular types of consumer products – like cars, toys and clothing – are especially recognizable. Any products shots, shots where the name or logo is visible or even partial shots of such products from which the brand is recognizable require releases in order to be licensed commercially. Images where the product appears generic (children playing with generic-looking army figures or playing cards) or as a small component (a street scene with many cars, an image of many people, one of whom is wearing Nike shoes) may not require any release.

2.4.3 Money

Paper currency should not be reproduced in its entirety. The work should be cropped or the currency partially masked or hidden. Contributors should also be aware that rules about currency differ by jurisdiction. For example, it may be illegal to license images of bank notes, and in England an image of the queen, who appears on bills, coins and stamps, may not be licensed.

2.4.4 Sensitive Objects

Certain sensitive objects, such as content featuring swastikas or other Nazi-related items may raise particular legal issues. Objects such as license plates or credit cards may also be problematic as they may contain private or sensitive information.

Contributors should be aware of the examples provided above and that other situations may arise where it is not permissible to depict certain objects. Laws vary from country to country and city-to-city such that objects that are acceptable in one places may raise issues elsewhere.

2.5 Other

2.5.1 Events

Photographs of sporting events, concerts and other types of events, from the Indy 500 to a Lady Gaga concert to the Burning Man Festival, may also raise legal issues and require releases. First, attendees often agree (sometimes without knowing it) not to take pictures, or at least not to use pictures commercially. Second, trademark and copyright law may protect uniforms, paraphernalia, trophies and various other elements of these scenes. Third, as discussed above, individuals can sue for the commercial use of their image.

Generally speaking, images of events that require paid admission are not eligible for commercial licensing, and will require model releases for images of any individuals in order to license those images for commercial purposes.

2.5.2 Privacy Rights

Personally identifying data should be protected. License plates should be retouched and objects like driver’s licenses, checks, and credit cards should be avoided or heavily retouched to protect both the company trademark and information about the individual.

Part 3: Model Release Decision Tree

* The artist should still evaluate the work for other intellectual property rights (for example, trademarks, property releases, etc.).

Version 1.0 - July 11, 2014