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Michael Ohl
Participating Frequently
January 11, 2025
Answered

Took images of Native Americans at public invited Powwow. Do I need model releases?

  • January 11, 2025
  • 4 replies
  • 850 views

I worked on a Native American reservation for 8 years and for a few July 4th celebrations while I was there  the public was invited to attend. I took some nice photos of the participants while they were dancing. I am under the impression that images of people in a public outing or festival do not need model releases. What are the rules with Adobe Stock? Thank you.

Correct answer Abambo
quote

I took some nice photos of the participants while they were dancing. I am under the impression that images of people in a public outing or festival do not need model releases.


By @Michael Ohl

 

What makes you think that?

 

First they have the right to control their own public image. That is not diminished by the fact that they were performing on a public event. 

 

Second, they may have performed in some setting, that by itself is protected by intellectual property. You simply can't go and take pictures and publish those pictures, when may be part of their living is made by selling photos of their performance to interested parties. The buyer would maybe prefer to buy from you, even that you were in nothing involved in the hard work prepareing the performance. 

 

Third, publishing something on Adobe stock makes that generally available, and anyone could buy a licence and publish a billboard advert with their performance, even if they do not identify with that product. 

 

So, that's why all stock plattforms require an unconditional model release. 

 

Fourth the organizer of the venue may also have some rights to the performance, so you may also need their authorization.

 

If taking pictures were allowed (many venues also disallow photographing), those photographs are for your personal use only. 

 

Newspapers have different rules for newsworthy events, and even those won't publish any person as is withoput a proper consent. Therefore you sometimes see pictures or videos, where part of the video is blurred.

 

Adobe is not accepting assets for editorial use, if people are represented.

4 replies

Nancy OShea
Community Expert
Community Expert
January 12, 2025

You can take pictures for personal use to hang on your walls. 

But you can't sell them commercially without signed releases from the models and the event owners.

 

 

 

 

Nancy O'Shea— Product User & Community Expert
Michael Ohl
Participating Frequently
January 12, 2025

Thank you Nancy. I am begining to understand now how this works.

Abambo
Community Expert
AbamboCommunity ExpertCorrect answer
Community Expert
January 12, 2025
quote

I took some nice photos of the participants while they were dancing. I am under the impression that images of people in a public outing or festival do not need model releases.


By @Michael Ohl

 

What makes you think that?

 

First they have the right to control their own public image. That is not diminished by the fact that they were performing on a public event. 

 

Second, they may have performed in some setting, that by itself is protected by intellectual property. You simply can't go and take pictures and publish those pictures, when may be part of their living is made by selling photos of their performance to interested parties. The buyer would maybe prefer to buy from you, even that you were in nothing involved in the hard work prepareing the performance. 

 

Third, publishing something on Adobe stock makes that generally available, and anyone could buy a licence and publish a billboard advert with their performance, even if they do not identify with that product. 

 

So, that's why all stock plattforms require an unconditional model release. 

 

Fourth the organizer of the venue may also have some rights to the performance, so you may also need their authorization.

 

If taking pictures were allowed (many venues also disallow photographing), those photographs are for your personal use only. 

 

Newspapers have different rules for newsworthy events, and even those won't publish any person as is withoput a proper consent. Therefore you sometimes see pictures or videos, where part of the video is blurred.

 

Adobe is not accepting assets for editorial use, if people are represented.

ABAMBO | Hard- and Software Engineer | Photographer
Michael Ohl
Participating Frequently
January 12, 2025

I wasn't arguing the fact and I am not a copyright lawyer. I came to the community to get the answer. Appreciate your response, thank you. 

Abambo
Community Expert
Community Expert
January 13, 2025
quote

I wasn't arguing the fact and I am not a copyright lawyer. I came to the community to get the answer. Appreciate your response, thank you. 


By @Michael Ohl

Nor am I. And you got answers. No model release, no adding to the Adobe database.

ABAMBO | Hard- and Software Engineer | Photographer
Jill_C
Community Expert
Community Expert
January 11, 2025

Recognizable images of people in any setting require model releases from every person if they are to be used commercially, I.e. as stock images. You can post such images for your own personal use, such as in social media, without a model release from every person, but you can never sell them.

Jill C., Forum Volunteer
Abambo
Community Expert
Community Expert
January 12, 2025
quoteYou can post such images for your own personal use, such as in social media, without a model release from every person, but you can never sell them.

By @Jill_C

You even can't do that allways. It's more complicated. 

 

If you take a picture of a car and some unrelated bystanders are on the picture, you can publish (probably) the asset on social media or in your book. If, however, the bystandars are the subject, and the car is the accessory, you will need to have the authorization to take and publish the picture.

 

But here it is usually like this: Where there is no plaintiff there is no judge. And if someone complains, it is enough to delete the image.

 

And when you are there with your camera, and I visibly smile into your camera, you can assume, that I accept that you take a picture of me for your pleasure, including to publish this on social media.

ABAMBO | Hard- and Software Engineer | Photographer
Michael Ohl
Participating Frequently
January 12, 2025

Thank you Jill C. I participated in several model shoots where the release was either implied or signed before the event but will not post them to a stock for fear of this. I read something somewhere that a in public setting releases were not required. Thanks for updating me on this. Your right it is complicated.

daniellei4510
Community Expert
Community Expert
January 11, 2025

You absolutely require model releases of people if intended for commercial use.

Adobe Community Expert | If you can't fix it, hide it; if you can't hide it, delete it.