Am I required to get a model release from an athlete if I want to use their photo on a promo card I will be handing out to parents during a soccer game?
Thanks for your time.
White Balance so easy, even our 5 year old can do it.- Melissa Strickland
I would say yes if the person is identifiable. Without the release, you do not have the right to use the likeness of the person, with certain exceptions such as news.
White Balance so easy, even our 5 year old can do it.- Melissa Strickland
Here is a twist to that question, what if this is a professional athlete who is not recognizable by face (football) but is recognizable by uniform and number? The Super Bowl and a shot of the quarterback throwing a pass. You know the team and the player but you can't see the face? What about a college or ametuer sport where the uniforms numbers change more frequently? These people are not recognizable by face but they may be by other characteristics?
Ryan
White Balance so easy, even our 5 year old can do it.- Melissa Strickland
I would still say the same thing. There is a body of case law (in Canada, anyway) on this topic. In the amateur sport scenario, I think the key word is identifiable - there are more identifying characteristics than one's face, although face is the most common. There have been cases where one's voice was the identifying characteristic.
White Balance so easy, even our 5 year old can do it.- Melissa Strickland
Assuming that you do get permission and get a model release signed, does the athelete (or whoever is in the photo) get something in return for allowing you to use the photo of him/her your promo card or other advertising, such as a free photo? Just wondering if some sort of compensation for this is expected or the norm.
White Balance so easy, even our 5 year old can do it.- Melissa Strickland
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