Model Release For Art Shows And Photo Exhibitions

There are several answers to this question, depending on whether you live in the USA, China or Iraq. I choose to be facetious because many American photographers, in these times, seem to forget that they still have First Amendment Rights. There are enough discussions exhibiting confusion about model releases in the Kracker Barrel Archives to fill several volumes. All of it, like all legal matters, is open to interpretation.

My comments on the subject of model releases are always directed to the use of your photos in editorial situations.

The real test of this question about whether you should be trying to get a release for photos of children in public is the book, newspaper, or magazine publisher (the basic customers of editorial photographers) who would be the target of a legal case. A community art show or photo exhibit is not unlike your local newspaper publishing a feature photo in its Home Life section, or on its website. And in my forty years of observing editorial stock photography it's very rare that a parent (or the child) doesn't enjoy seeing their child's picture in an exhibit or published in a magazine or book. No attorney on a contingency basis would ever accept a case where real invasion of privacy is of concern.

Our USA First Amendment covers this issue.

Frivolous lawsuits of this nature used to happen, it seems, more often back in the 70's or 80's. You'd think it would happen more now-- what with all the sensitivity and fear that's prevalent in our society these days. It may be that there are fewer instances -- that many stock photographers have become gun-shy. They believe that they will get some "grief" from parents if they photograph in public and then exhibit the photos at a show, but failed to get a model release.

What's the result if you, as a stock photographer, photographing in the area of child development, domestic violence, social issues, child abuse, child safety, child welfare, etc. - if you don't capture poignant scenes of what's happening in your community?

What happens is, the other side wins. The pictures are not published and the corporate or governmental interests who would wish you didn't expose their blemishes are happy.

Eugene Smith, Henri-Cartier Bresson, Margaret Bourke-White, never walked around with a model release pad in their pocket.

I repeat again, it's the publisher not the photographer who gets in trouble if an irresponsible art director uses a picture in an insensitive way in the magazine's layout, in a way that distorts or misrepresents the original nature of the picture. In other word's, your neighbor's child's picture is used in a story about teenage gambling. Then a parent should rightfully take that publisher to court, and win - if the implication indeed is not true.

This would usually hold true also at a neighborhood art show or photography exhibit. When in doubt, apply the Golden Rule and ask yourself, "does this picture embarrass a friend or neighbor?" If it does, you might choose not to exhibit it.

True, there are always extenuating circumstances, and different interpretations of the law in different parts of the country. You'll often find burly security guards demanding that you not take pictures in their shopping mall. Well, it so happens that's where you're going to find excellent subject matter on the subject of community life. For a security guard to attempt to take your film or camera or even hassle you unnecessarily, calls for a phone call to the police on your cell phone; the guard would be arrested for attempted theft of your camera.

By the way, be sure to carry around a "Bust Card" in your camera bag. It's available in PDF form at It’s a card you can carry with you and refer to on any encounter with the police.

But to be timid about photographing a child in public because "you've heard stories that you could get in trouble, is to deprive the viewing public of your talents and the way you see the world. You have to ask yourself the question, "Is this picture worth it? There's a 1% chance that it'll result in great hassle for me, and a 99% chance that it'll belong in a retrospect of my work."

Editorial stock photography is not easy. If it were, everybody would be doing it. Here's a challenge for you (I give this challenge about every five years because a new crop of photographers emerges who have heard (usually by uninformed photography instructors and photo columnists) that they shouldn't be photographing children (or adults) in public because the photographer needs a model release for that picture to be published.

So here's the challenge.

If you can document a case for me where a photographer was taken to court (whether they won or lost), for publishing a picture (regular editorial usage) without getting a model release, I'll reward you with a year's subscription to any of our services here at PhotoSource International.

Take note that I've said, "documented," and regular editorial usage (not sensitive misrepresentation). Photographers, Internet gossips, and my fellow photo columnists continually perpetuate the myth about model releases and all the trouble you can get into when taking pictures in public. But when asked for follow-up documentation, it's never forthcoming.

So there. Photograph in public freely. Exhibit your work and sell your images in the spirit of "informing the public." No judge in a court of law is going to fault you for that if you are sincerely interested in editorial photography. It's your right. Even more so, it's your duty to protect that right, by challenging those who would jeopardize it.

Miniature Art Societies And Exhibition Centres

Summarized briefly, miniature painting is a form of painting that is deeply rooted in many cultures and spans centuries. The Lathams are a family of American artists practicing it in today's modern art market of galleries and exhibitions. As an artist, Rebecca Latham as well as her mother, Karen, and sister, Bonnie, strive for detail in their painting. Studying with a Flemish master, they have developed their styles for painting extreme realism. Their works, both large and small, are painted "in miniature".

Early Beginnings

Miniature painting is a traditional style of art that is very detailed, often referred to as painting or working "in miniature". Because of their origins as illuminations, they are also painted to have as smooth of a surface as possible. (It is also suggested that miniature art may have been influenced by the medals of ancient Rome as well) Miniature art can be traced back to ancient Egyptian manuscripts on papyrus scrolls. Monks are also often highlighted for their contributions to early miniature painting with their beautifully illuminated manuscripts such as the Celtic Book of Kells and England's Lindisfarne Gospels (both of which measure around 9" x 12"). Some early manuscripts contain miniatures on their pages that depict beautiful arrangements of life sized flower arrangements on their borders. The history of the art is also seen throughout the world in various other cultures.

Miniature painting began out of necessity for illustrating documents and manuscripts to aid those reading them during a time when many were not able to, before printing was invented. The miniature helped to convey the story and meaning of the written word. Therefore, the art of the miniature is directly connected to the book arts. The various sized illuminations (pictures) were cut out of these books or documents so that they could be carried more easily. Later, developing from the carried miniature, portrait miniature artists were commissioned to paint small portraits - paintings that were used as we use wallet sized photographs today. These sizes of miniature paintings became popular with collectors and are often referred to as "hand held miniatures". Portrait miniatures were painted in larger sizes as well, for example master miniaturist, Nicholas Hilliard, Peter Oliver, and Sir Charles William Ross all painted works that were of a larger size.

Sizes

Miniature painting is sometimes confused and assumed that the pieces must be small or depict subjects on a smaller scale to be considered miniature art, though this is not the case. It is helpful to keep in mind that the origins of the term "miniature" have nothing to do with a size. The word miniature comes from the terms 'minium' (used for the red lead paint used in illuminated manuscripts) and 'miniare' (Latin for 'to color with red lead').

Miniature painting is a style and technique of painting, and as such, a wall sized work could be painted "in miniature". Authors of the Yale University Press publication, "The English Miniature" have stated that miniatures have been painted large and some works are even considered to be gigantic. Numerous faculty members of the Victoria & Albert Museum in London confirm that miniature paintings are not restricted to smallness. Larger sized miniature paintings are documented throughout history and are recognized today, though painting larger works in miniature is more difficult and time consuming than a smaller piece if the same attention to detail is observed. Miniature art is also unique in that it was and is often used on objects, such as the Russian lacquer boxes that are beautiful examples of Russian miniatures.

Exhibitions

Today, there are miniature art societies in western society to help promote and preserve traditional miniature art and the "spirit of miniature". Their exhibitions feature the hand held miniature paintings (or sculptures) and each exhibition has its own unique guidelines and rules for artists showing in their exhibit. Some of these rules limit the size of work to be no larger than a set square inch. Others limit the size of a subject, such at the 1/6th scale rule that a subject may not be painted larger than 1/6th of it's natural size, or the 2" rule, that an object in the painting may not exceed 2". Scale rules were initially put in place as a guide for artists starting out in miniature art. There are also many framing restrictions for society miniature works as well. All of these rules are put into place by each show for their own individual and unique exhibitions, and do not define what miniature art is.

Artists painting miniatures throughout history were not restricted in their artwork by scale as their subjects were painted to any measurement or scale that the artist deemed pleasing to the eye and their patrons, for both manuscripts and other miniatures. Subjects that are naturally small in size, such as butterflies and insects, were painted life sized. Thus the 1/6th scale rule that is used by some shows and societies today unfortunately causes a bit of confusion to those new to the art form who commonly assume that is it a part of a mechanical criteria of the miniature's definition. The world's experts in miniatures do not recognize the rule as legitimate, and view those embracing it as unknowledgeable, and dismiss them.

The term "miniature", as it addresses miniature painting, is often confused with "miniaturize" and some miniature art exhibitions do not refer to miniature as it's initial meaning of techniques, but rather the size of the painting (miniaturized painting). They are two very separate descriptions.

Miniature painting is an art form that is very rich in history that continues today by artists from around the globe. The beautiful ornamental qualities of the miniature should be preserved whether it be the intricate large pieces, or intimate hand held works.

Many thanks to Joan Willies RMS, the Victoria & Albert Museum, & Patrick Noon.