Depending on the circumstance, a model or property release may not be legally necessary. But getting one never hurts and it may help. It may make some people think that they can't sue you (they can, even if their cause of action is bogus). If they do sue you, having a release may shorten the litigation and it could help you win. Even when you win, though, your defense fees can be costly.

In those situations when a release is not required, other legal issues may be presented when photographing a person, an animal or other property. These include trespassing, trademark, false light or invasion of privacy. All of this can get confusing. That's also why it's dangerous to take anecdotal advice.

For example, if one person has a fashion shoot in a national park and needs a permit, it does not mean that all professional photographers who shoot in a national park need a permit. While some stock agencies may require a property release for an animal photo, it does not mean that it's legally required. It means that they are being cautious in this litigious society.

I recently photographed some huskies at a public park. I wasn't trespassing on public property, the dogs are not trademarked and I did not misrepresent them (also known as "false light ?) in my photos. Further, since animals don't have privacy rights like humans do, I did not need to get a model or property release from their owner. But I got one anyway. I asked the owner in writing for permission to use the photos. I did that that only to keep the owner from getting upset and to avoid any hassle with a stock or advertising agency.

What is often practical is not always legally required. To figure out the differences and to make the best decisions about what to do, talk to an attorney to discuss your particular situations.

Take my advice; get professional help.

PhotoAttorney

Copyright 2005 Carolyn E. Wright All Rights Reserved

Carolyn Wright

Carolyn Wright is a professional photographer with an active wildlife photography business. Shooting for 25 years, her award-winning images have been used in books and corporate marketing materials. Her wildlife photos will be included in the upcoming book, "Captivating Wildlife - Images from the Top Ten Emerging Wildlife Photographers" by Scott Bourne and David Middleton. She also is working with Scott Bourne on "Wolfscapes," a photo book documenting the beauty and strength of wolves. Carolyn shares her love for photography with her enthusiasm for the law. Trained as a top-flight attorney, Carolyn's legal practice is aimed squarely at the needs for photographers. She understands the special issues that confront both professional and amateur photographers, and she regularly speaks and writes on the subject. Her book, "88 Secrets to the Law for Photographers," also co-written with Scott Bourne, is scheduled for release in fall 2005. On the faculty of Olympic Mountain School of Photography, Carolyn?s passion is enhanced when teaching photography. She enjoys writing and speaking on the subject, as well, and is a regular columnist for PhotoFocus, an online magazine for serious photographers. Carolyn is particularly tuned to the special interests of women in photography. She appreciates women's unique approach to the subject, and adapts her instruction accordingly. Armed with more than 20 years of general business experience and a Masters of Business Administration degree, she understands what is needed to succeed in male-dominated fields. This knowledge, combined with her training and experience as a teacher at all levels from grade school to graduate school, provides the strong foundation she uses to help others with their photography. Carolyn can be contacted at 2107 N. Decatur Rd. #117, Decatur, GA 30033 or by phone at 678.592.8025.