BertKrages:
Keep in mind that the purpose of the forum is not to provide legal advice about specific situations but rather to educate about general legal issues that affect photographers. Model releases are generally intended to ensure that a person who publishes photographs does not violate another person's right to publicity. This right covers the right of a person not to have their likeness used without permission for the purpose of endorsing or promoting a commercial product or service, or to be used as a commercial product. The doctrine varies among the states and it is often to discern the line between proper and violative use because the case law is not that well developed. Whenever there is a possibility that a use will be considered promotional, it is usually better to obtain permission of the subjects involved. Note that the inability to obtain permission or the lack of response to a request for permission cannot be construed as obtaining that permission.
Hi Bert,
Not to hijack the thread but it sounds to me like even putting images on a personal or community website would require a release? What about all these websites that offer photosharing space and websites like Photo.net that allow users to maintain galleries?

Best Regards,
George

Hi gang,

Here is my extremely non-attorney response to these questions--note: this is my policy for my studio and is not intended to be legal advice--it's just what I do: I will not publicly display an image in any forum--including web or mall display--without a signed release. My limited understanding is that these ventures MAY be construed as "commercial" [promoting your business] and as Bert pointed out, case law is sparse. I don't want to be the test case in my area. Do you?

George,

The issue comes down to one of purpose. It is a violation of a person's rights if you use their image to promote your goods and services. Posting portraits on a portrait photographers website or at a trade show display could be construed as a promotional use and thus put a photographer at risk. Merely displaying an image to the public does not violate this right if the purpose is not to promote goods or services.

BertKrages:
George,

The issue comes down to one of purpose. It is a violation of a person's rights if you use their image to promote your goods and services. Posting portraits on a portrait photographers website or at a trade show display could be construed as a promotional use and thus put a photographer at risk. Merely displaying an image to the public does not violate this right if the purpose is not to promote goods or services.
Makes sense to me.

Thanks Bert