Answered By: Christine Fruin
Last Updated: Oct 29, 2014     Views: 11

You may use this photograph on your book cover without any sort of release from the persons in the photo with you. This photo would likely be classified as editorial, same as any photos contained within the book, and such photos do not require a release.

A question, however, would be – who took the photo? Was it a professional photographer or just someone who happened to be on the scene? Under copyright law, a photographer owns the copyright in photos he or she takes – and inclusion of the photo on a commercially published book would require a release/permission of the copyright holder – and I would be concerned about this if it was a professional photographer rather than a family member or passerby.

This is a great article about model releases – just for your information…. http://danheller.blogspot.com/2011/09/busting-myths-about-model-releases.html

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