For which one of those pics do I need a model release and why?

[aloisl52121148]

Hallo,

I am still very new as a contributor and not sure always about the criteria for being accepted or not.

The picture of the three men has been accepted as it is, for the picture of the freerunner a model release is asked for (which I don't have). Non of the photos shows a face. Is it just the fact, that there are potentially many men leaning on a rail along the seaside, but there are only a few doing Flips - and they can be recognized more easily??

Thank you,

Alois

[stephaniee85604894 · Accepted solution]

Hey Alois,

is a person recognicable a release is needed. Now we can argue are the persons recognicable or not.

It is propably easier to recognice the young man doing his flips and stuff than the three guys standing on the boardwalk. If someone can recognize himself than a release is needed. I am sure the young guy would know that it is him on the image.  As soon there is a high recognition value you need the release. I hope we don't do the three guys on the boardwalk wrong but their recognition value is not as high as the young guys.

[aloisl52121148]

Thank you Stephanee,

so it is the way I had explained it for myself...

Alois

[shashinjin]

You're right to ask the question because the image of the three guys should never have been accepted under Adobe Stock rules. Any of the three of them would recognise themselves if shown the image, just as the freerunner would.

It's these kind of inconsistencies that make stock submissions very frustrating.

[stephaniee85604894]

Hey John,

don't let it frustrate you . Those decisions are made by human beings and in the end a jugment call. In this case it is not easy.

Don't forget that you are the ones who guarantee us, that you are the owner of all rights, if you are not sure it is always safe to attach an release.

Best Stephanie

[shashinjin]

The fact that you, a staff member, are saying that "in the end" it's merely "a jugment [sic] call" is exactly what frustrates me and other contributors like Alois. 

Adobe's very own documentation says that the only judgment we should make is 

Would the person recognize him/herself in my photo? If your answer is yes, then you need to include a model release.

As I said in my response to Alois, the three men in the top photo would recognise themselves if shown the photo.

If your documentation said something like "May the person... " then you might have an argument that there is leeway here. It doesn't, so, according to Adobe rules, there isn't.