Originally posted by Ratcheteer if your uploading photos to a sharing/social media sites always upload signed copies and keep the originals to yourself, just in case the media industry (movie, tv, music, magazine) uses your pictures, then you can claim credit or reparation
also even if you photograph people for fun, you should always check with them if its ok to post online, ultimately they own the photo till you get them to sign a model release
Not sure where you're from, but in the United States, you almost never need a release, and the subject *never* ever owns the photo unless you signed a contract specifically conveying ownership of copyright to the subject.
Quote: If the use of the photo implies that the person agrees with the underlying message or the person or company that paid for the use of the photo (like that of an advocate for a non-profit company), then a release is required. For example, a publisher can't just place a photo of a person on a poster that says, "support your local hospital," just because this is not a "commercial use." The photo would imply an association between the subject of the photo and the user of it, and that's what triggers the need for a release. Similarly, if the use of the photo implies that the publisher of the photo is speaking for the person in the photo, again, this requires a release. For example, a photo of a musician that says, "I never go on stage without my guitar," even though the use of the photo never advocates a specific guitar company or other product. The fact that the user of the photo would appear to be speaking on behalf of the person in it, a release would be necessary.
(unless it was a direct quote from the person, in which case it would be considered editorial use and no release would be necessary).
Quote: The general rule to think of is whether the use of a photo would imply that the subject "agrees with" or is a "sponsor of" the user of the photo, versus whether the use of the photo is more about the subject that the average viewer would not assume the subject would necessarily agree with, or disagree with.
And in any case where a release would be needed, if it goes to court, it would be the publisher of the image, not the photographer, who is held responsible for using the image inappropriately. That is why many publications request model releases even in cases where they wouldn't be necessary.
Lots more info here:
Model Release Primer Model Releases