Here’s the deal with photography and the law. Taking a photo of someone — even in a totally public place — does not automatically give you the right to make money off their face. There are two legal concepts that protect people here: the right of privacy and the right of publicity. The right of publicity specifically protects a person from someone else making money off their name or likeness without permission. That protection doesn’t disappear just because you took the photo years ago.
Important note: right of publicity laws vary by state. Some states have strong laws protecting people’s likenesses; others have weaker protections or none at all. That means the legal risk to you depends partly on where you and the subject are located. When in doubt, always assume you need a release — it’s the safest approach.
A model release is basically a written agreement where the person in the photo gives you permission to use their image commercially. According to photography law resources, a ‘blanket release’ lets you use the image for pretty much anything — which is what stock photographers typically want. A ‘limited release’ only covers specific uses. Without either one, your options for selling or licensing that photo commercially are seriously limited.
For news and editorial use — like a photo accompanying a news article — you generally do NOT need a release. Press photography has long been protected as a matter of free speech and press freedom. But the moment you want to use that same photo in an ad, sell it as stock imagery, or license it for a product, the rules change completely and a release becomes essential.
One small exception worth knowing: if the person cannot actually be recognized in the photo — say, only their hands are visible — you generally don’t need a release. But if their face or any identifying feature is visible, you should assume a release is needed for commercial use.
Bottom line: if you’re serious about photography and think your images might ever be worth selling commercially, get a signed release at the time you take the photo. Once someone becomes famous, getting that signature becomes nearly impossible — and without it, that potentially valuable photo is legally stuck.