I came across some terrific articles written by Dan Heller tonight. They’re the most comprehensive (much more so than the ASMP’s site) guide to understanding the huge fuzzy unknown area of if a photographer even needs a model release, and what you can do legally with the photos you take.

It takes about 2 hours to read and digest it all, but it’s as good as taking a course!

Start with reading the Model Release Primer: https://www.danheller.com/model-release-primer.html

Then read the full article on Model Releases: https://www.danheller.com/model-release.html

And finish with When Editorial Uses Require Model Releases: https://www.danheller.com/blog/posts/when-editorial-uses-of-photos-require.html

The main lessons I learned were:

• There are only disputes on HOW an image is published, not THAT it is taken. You can always take a photo, of a person or crowd or building etc. so long as you’re not illegally trespassing on property as a peeping tom. Deal with usage later.
• Model releases are for the publishers. Photographers are not responsible for how an image is published. We only get them because it improves saleability to certain clients. Photographers should just be clear if they have a model release for an image or not, it’s up to the publisher to use the image in the appropriate context given that information. However, the photographer probably shouldn’t give their opinion to the publisher on how an image could be used.. because then you start to assume some liability.
• Money/financial transactions do not require model releases. You can sell a photo to someone or any agency, or sell your work in a gallery without needing a release because the sale has nothing to do with a person’s likeness, it’s an objective transaction.
• Editorial content typically does not require a release. You can take a photo, sell it or give permission to a newspaper to run it, all without needing a release.
• Artwork is covered under freedom of speech and almost never needs a model release. You can openly display photos you’ve taken on your own site, in a gallery, and sell prints.