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I have been reading about when to use a model release when displaying a photograph of a person. Here is my current understanding of the rules in photography.
Anytime a person in a photo is recognizable, a model release must be secured if the photo is to be used in any way that is commercial. A release is not required if the photo was taken in a public venue and the use is "editorial" (photo illustrates an article) not commercial. Strictly limited edition "fine art" photos do not require a release.
If I have this right, and if one may translate this to painting, then it would seem to me that a model release would not be legally required to display a painting in a gallery but would be required if the artist is using the image on his or her promotional materials.
Also I am still confused about the question of what makes an image "identifiable" . The information I was reading seemed to define "identifiable" as meaning that the face of the subject is showing. However, would it be deemed "identifiable" if the face is obscured but the subject is wearing a distinctive costume that people who know them would recognize as being characteristic of the subject. Identification is such a multilayered thing. Does anyone have any thoughts on this?
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