Model releases are often discussed where the photographer needs the model's consent to have the photo published/used commercially. But what about the other way around? Can the model use the photos the photographer has taken of them, without the photographer's consent? Would the answer be different if the photo weren't being used commercially - such as for an editorial (newspaper, website, blog) instead of selling a product - but neither credit nor consent has been given?
1 Answer
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Consent is necessary. Unless otherwise agreed, the photographs are the intellectual property of the photographer.
In Getty's model release, the model even agrees that he/she has no rights to the content. ".... I agree that I have no rights to the Content, and all rights to the Content belong to the Photographer / Filmmaker ...."