If you are an immigrant from the fast lane of commercial stock photography, where model releases are required nearly 100% of the time, welcome to editorial stock photography where model releases are seldom required. Why the difference? The editorial stock photobuyers, comprised of magazine and newspaper magnates, plus the powerful book publishing conglomerates, are sentries of First Amendment rights -- which guarantee they (and you) don't need a model release when informing and educating the public. The exception involves sensitive areas (e.g. substance abuse, and in some cases religious and medical subjects, etc.) where model releases are some times required.

You are a valued resource to editorial stock photobuyers; they don't want to lose you by relinquishing their First Amendment rights. They'll also lose a lot of business if they don't have you as a resource for their photo illustrations. In legal situations, they'll go to bat for you every time.

However, some smaller and newly-established publishers you may deal with may be more inexperienced and unaware of their First Amendment rights. Photocopy pages 293-294 of Sell & ReSell Your Photos and pass them along to them.

To repeat, you will need a model release if you photograph in the area of commercial stock photography, e.g. for use in advertising, public relations, promotion, endorsements, etc. That's why stock photo agencies continually request model releases from you -- so that in addition to editorial use can also be the photos are available for promotional and commercial use.

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