Under U.S. law, every person has a right of privacy. Thus, even in an editorial context, no photograph of an identifiable person may be published unless the person is actually being discussed or there is otherwise a genuine connection between the photo and a newsworthy story (e.g., a photograph of a man with an umbrella being used in connection with a story on a rainstorm), or, in the alternative, if the person agrees to the publication, usually by signing a model release. A model release is of course always required in a commercial context, even in connection with “advertorials,” which provide informative content as part of an advertisement.

The model release should spell out all potential uses of the photograph. Unless a usage is specifically permitted by the model release, the image should not be used in that manner. Thus, for example, if a model release permits the use of an image in a magazine, it should not be used online, even in an online edition of that magazine. Similarly, unless the model release specifically permits commercial usage, the image should not be used in advertising or on commercial products such as calendars or posters.

It is also important to remember that releases generally only deal with the right of publicity: unless otherwise set forth in the release, a publisher does not have the right to make defamatory comments about the model, or to place him in a false light. Thus for example, no matter how suggestively a model is posed, the release should specifically permit its use in a sexual context if that is contemplated.