Do you need permission to use someone's photo?

Using someone’s photo without their permission can get you into legal trouble. However, there are some cases where you may be able to use a photo without getting explicit permission first. Here is a quick overview of when you need permission to use someone’s photo and when you may be able to use it without explicit permission.

When You Always Need Permission

There are certain situations where you should always get permission before using someone’s photo:

Using the photo for commercial purposes – If you plan to use someone’s photo in an advertisement, on product packaging, in a magazine or book you are selling, or for any other commercial purpose, you need to get their permission. You need a signed model release form.

Altering or editing the photo – If you plan to digitally alter, edit, or modify someone’s photo in any way, you need their permission. This includes things like Photoshopping, applying filters, cropping, etc.
Using the entire unmodified photo – Using an unmodified photo in its entirety also typically requires permission from the photographer or subject.
Photos of private spaces/moments – You should always get permission before using photos of someone in private spaces or moments, like their home, places that require admission tickets, private events, etc.

In these situations, you should reach out to the photographer or subject and get signed permission in the form of a model or property release form. Using someone’s photo without permission in these cases could lead to copyright or privacy lawsuits.

When You May Not Need Explicit Permission

There are some cases where you may be able to use someone’s photo without getting explicit permission:

Photos taken in public places – If you take a photo of someone in a public place where they do not have a reasonable expectation of privacy, you may be able to use it without permission depending on your jurisdiction’s laws.

Photos used incidentally – Some jurisdictions allow the incidental use of someone’s photo, such as having them appear in the background of a photo you are taking of something else.
Editorial/news use – Photos published for editorial or news purposes may be used under fair use provisions in copyright law.
Crowd shots – If an individual’s face is unrecognizable because it is part of a large crowd shot, you may be able to use the photo without permission.

However, you should always check your local laws and regulations to determine what is acceptable use of photos taken without permission in your jurisdiction. Many jurisdictions have laws protecting individual privacy and publicity rights.

Best Practices

To avoid potential issues, it is always best to get permission if possible when using someone’s photo. Here are some tips:

Ask the photographer/subject for permission – Whenever possible, take the time to reach out to the photographer or person in the photo and ask if you can use their image. Get permission in writing.

Check if the photo has a Creative Commons license – Many photos on sites like Flickr have CC licenses allowing reuse with attribution.
Mask identities if needed – If you cannot get permission, masking identifying features like faces may allow incidental use in some cases.
Alter/edit significantly – Heavily altering or editing a photo and using a small portion may be considered fair use in some cases.

Consult a lawyer – When in doubt, consult an intellectual property lawyer to review your specific situation.

Following these best practices helps avoid disputes and protects your interests when using photos taken by others.

When is a Model Release Needed?

A model release is a legal document signed by the subject of a photo granting permission for their image to be used. Here are some examples of when you need a signed model release:

Using someone’s photo for commercial purposes – Any time you want to use a photo of a person for advertising, packaging, promotional materials, etc. you need their consent.
Any photo where a person is recognizable – If you can clearly identify the subject, you need them to consent to the specific type of usage.
Photos showing private details/moment – Images showing private lives, property, etc. require a release protecting privacy.

Photos that may be viewed as controversial – Images that are highly personal or could be seen as controversial require consent.
Photos that will be sold for stock usage – If selling or licensing photos for others to use, signed model releases are critical.

In general, if you want to use a photo of someone where they are identifiable in any way, you need a model release to protect yourself legally.

Elements of a Model Release

A model release should contain certain key elements:

Identification of the subject and photographer
Detailed description of the photos covered

List of exactly how the image can be used (commercial, advertising, online, etc)
Any restrictions on image editing/altering
Expiration date of the consent and release

Model’s signature and date
Photographer’s signature and date

Having all parties sign and date a release that details the usage rights granted helps avoid misunderstandings down the road.

When is a Property Release Needed?

A property release is required any time you want to use a photograph of a property in a commercial manner. Here are some examples:

Using a recognizable private home or building in advertising or promotional materials
Including identifiable branded products, signage, or logos in your photo

Photographing public buildings/structures and licensing the photos
Photographing property open to the public like theme parks or museums for commercial use
Using drone photos showing homes, backyards, businesses, etc. from private airspace

A property release grants permission from the owner to photograph and use images of their property. Lacking a release means you could face legal action for infringement.

What to Include in a Property Release

A property release should contain:

Address, location details, and description of the property

Names of the photographer and property owner/representative
Usage rights being granted (commercial, advertising, editorial, etc)
Expiration date for the consent and release

Signatures of photographer and property owner

The release should only cover specific property at a defined location. Broader releases may not hold up legally if there is a dispute later on.

Licensing Images from Stock Photo Sites

Stock photo sites like Getty and Shutterstock offer images for license and use. While convenient, it is important to read their licensing terms closely. Key things to look for include:

Scope of use – What uses are allowed and prohibited? Web only? Print ads? Commercial products? Restrictions apply.
Editing abilities – Some licenses prohibit editing images beyond crops and resizes.
Release status – Images marked “model released” and “property released” provide more flexibility.

Attribution – Many licenses require photos be attributed to the photographer/stock agency.
Number of users/projects – Single user vs. multi-user licenses impact price and use.

Failing to follow the license terms could mean expensive legal issues. Always respect copyright and clearly credit stock images used.

Fair Use Copyright Exceptions

Fair use is a legal principle that allows limited use of copyrighted material without permission in certain cases. To qualify as fair use, the use must pass a four-factor balancing test:

Purpose – Using the work for news reporting, commentary, criticism, education, etc. favors fair use.
Nature – Using a factual work favors fair use more than a creative work.

Amount – Using a small portion of the work favors fair use versus large portions.
Effect – Use that does not adversely impact the market value of the work favors fair use.

While not a free pass, fair use creates wiggle room for using copyrighted material without permission in narrow contexts. Always consult an IP lawyer on whether use qualifies as fair before moving ahead.

Penalties for Copyright Infringement

Using images without a proper license or release can lead to legal penalties including:

Civil lawsuits for copyright infringement, violations of privacy, misappropriation of likeness, etc.
Injunctions requiring you to stop using/selling the infringing images

Monetary damages – payment for actual losses plus any profits earned from the use
Attorney’s fees spent by the plaintiff to bring the lawsuit
Criminal charges in cases of willful, large-scale piracy – fines and even jail time

Lawsuits and criminal charges can tank small businesses and cause serious financial harm to individuals. Tread carefully when using photos without explicit permission and consider consulting a lawyer.

Securing Usage Rights

To use a photo without legal risk, the best course is getting proper licenses, releases, and permissions including:

Creative Commons Licenses – Allow reuse of photos from sites like Flickr when you comply with license terms.

Model Releases – Get signed consent forms from identifiable photo subjects allowing specified uses.
Property Releases – Get signed consent forms from property owners allowing commercial use of photos.
Stock Photo Licenses – Allow use of stock images from Getty, Shutterstock, etc. within defined parameters.

Commissioned Photos – Hire photographers to take custom photos and sign over usage rights.

Covering your bases legally ensures you can use photos without worry. Consult a lawyer to review questionable situations not covered by clear permissions.

Conclusion

Using someone’s photo without permission opens you up legal risk in many cases. Get signed model and property releases whenever possible. Licensing stock images also provides coverage. While exceptions like fair use exist, proceed with caution. When in doubt, consult an intellectual property lawyer before publishing images without consent to avoid potential infringement claims.