Skip to main content
ImaRetiredTeacher
Known Participant
June 1, 2024
Answered

People in Halloween Costumes

  • June 1, 2024
  • 3 replies
  • 885 views

Hello,

I've already scoured the handbook, but I'd also like advice from all you experts. Is there any concern of images of people in cartoon character costumes (or any other costumes)?

 

Thank you 😃

This topic has been closed for replies.
Correct answer Nancy OShea

A few years ago, a little girl showed up at my door dressed as 'Minnie Mouse' in a hand tailored costume made by her very talented mother.  Cute as hell!   Apart from the mouse ears, it was a perfectly acceptable subject for Stock. But you would need to provide a signed model release by the parent of the under-aged child along with witness and a property release signed by the mother who made the costume.

 

On the other hand, a store-bought costume would be almost impossible to submit without a property release by the costume's designer and manufacturer.

 

So to answer your question, if the participants made their own costumes and signed a model release beforehand, you can use their likeness for commercial Stock purposes.

 

Hope that helps.

 

 

3 replies

Abambo
Community Expert
Community Expert
June 8, 2024
quote

Hello,

I've already scoured the handbook, but I'd also like advice from all you experts. Is there any concern of images of people in cartoon character costumes (or any other costumes)?

 

Thank you 😃


By @ImaRetiredTeacher

Cartoon characters are copyrighted and can't be used. If you put a linen cloth over your head and cut out your eyes, there's no problem. Even if someone presents themselves in their grandfather's suit with make-up on their face, that's not a concern either.

ABAMBO | Hard- and Software Engineer | Photographer
Nancy OShea
Community Expert
Nancy OSheaCommunity ExpertCorrect answer
Community Expert
June 1, 2024

A few years ago, a little girl showed up at my door dressed as 'Minnie Mouse' in a hand tailored costume made by her very talented mother.  Cute as hell!   Apart from the mouse ears, it was a perfectly acceptable subject for Stock. But you would need to provide a signed model release by the parent of the under-aged child along with witness and a property release signed by the mother who made the costume.

 

On the other hand, a store-bought costume would be almost impossible to submit without a property release by the costume's designer and manufacturer.

 

So to answer your question, if the participants made their own costumes and signed a model release beforehand, you can use their likeness for commercial Stock purposes.

 

Hope that helps.

 

 

Nancy O'Shea— Product User & Community Expert
Oleksandra Osadcha
Participating Frequently
June 1, 2024

Hi! When creating or uploading photos of people in costumes for Adobe Stock (or any other stock site), there are several important aspects related to copyrights and image rights that you need to consider:

 

  1. Model Release:

    • If the photos feature recognizable faces, you need a signed model release, regardless of whether they are in costume or not. This is necessary to protect individuals' rights to their likeness.
  2. Copyright on Costumes:

    • If the people in the photos are wearing costumes based on recognizable characters (e.g., from cartoons, movies, comics, etc.), there could be issues with copyright infringement. Costumes that are exact replicas or very similar to copyrighted characters can be problematic for commercial use.
    • For editorial use photos, the requirements might be less stringent, but such photos are typically not accepted for commercial licensing on stock sites.
  3. General Recommendations:

    • Avoid using recognizable brands and characters without appropriate licenses.
    • It’s preferable to use original costumes that are not associated with well-known characters or brands.
    • When in doubt, it's always best to consult with a legal advisor specializing in copyright law or contact Adobe Stock support directly for specific guidance.

 

ImaRetiredTeacher
Known Participant
June 1, 2024

Hi Oleksandra,

That's what I was thinking, since it involves Shrek and Fiona. I agree it's best to not dive into recognizable characters.

Thanks!