James Croft Photography wrote:
If the photos are not your own, you would need to have a release from the photographer, who in turn would need to have a release from the model that would allow him to pass on the rights to you. If the Kickstarter campaign is in support of your photography, then that is a completely different question, as it would just be a bad idea to do. Why use someone else's photos to represent your own work? Long story short; probably not a good idea.

I would just want a picture of the models who will be part of the project. A professional image would draw more attention then a self shot mirror picture. Of course I would put a disclaimer staying they aren't my photos just so there isn't confusion. But I get what you are saying.

Half of the models aren't close. So it's not like I could go do a quick session or whatever to get my own images.

ShotbyRon wrote:
I would just want a picture of the models who will be part of the project. A professional image would draw more attention then a self shot mirror picture. Of course I would put a disclaimer staying they aren't my photos just so there isn't confusion. But I get what you are saying.

Half of the models aren't close. So it's not like I could go do a quick session or whatever to get my own images.

A disclaimer is not required, but a license by the copyright owner(usually the photographer) to use the images for commercial use is required by Federal Copyright law.  The model may have been granted commercial use of the images, but you need to confirm with the photographer.  Copyright owners and subjects need to give permission for use of photos that endorse or advertise a product or service.

Every photographer needs to have a solid understanding of US Copyright laws and state Privacy laws that apply to publishing photos.  Since there are severe financial consequences for violating these laws, a consultation with a qualified attorney is money very well invested in this Kickstarter project and whole business.

ShotbyRon wrote:
I am curious, if I were to run a campaign or something on a site like Kickstarter. If I planned to use a certain models for my project, would I be able to use a professional done photo of her not taken by me in the campaign ad? I feel people might take it a tad more serious if I had photos of the models.

would another photographer be able to use a photo taken by you for their campaign ad?

how would you feel about that? what if their campaign was in support of something you thought was morally wrong?

Loki Studio wrote:
A disclaimer is not required, but a license by the copyright owner (usually the photographer) to use the images for commercial use is required by Federal Copyright law.  The model may have been granted commercial use of the images, but you need to confirm with the photographer.  Copyright owners and subjects need to give permission for use of photos that endorse or advertise a product or service.

Every photographer needs to have a solid understanding of US Copyright laws and state Privacy laws that apply to publishing photos.  Since there are severe financial consequences for violating these laws, a consultation with a qualified attorney is money very well invested in this Kickstarter project and whole business.

+1 QFT

L A U B E N H E I M E R wrote:

would another photographer be able to use a photo taken by you for their campaign ad?

how would you feel about that? what if their campaign was in support of something you thought was morally wrong?

I honestly wouldn't care. If they didn't claim it was their photo, and it was used to help them fund something they were passionate about.

But I will use images I own of the models I plan to use, and headshots or random pictures of models I never worked with. Just so be safe and not piss anyone off.

Light and Lens Studio wrote:
If you are shooting with an experienced model, one that already has a significant, professionally done port, she may have photos that she has permission to publish for her promotion, in which case you can probably use one of those.  It is nice, in such instances (and may be required) to credit the photographer as well.  The model will be able to tell you which images she has permission from the photographer to use.

I'd say this incorrect. The op is not promoting the model par se , but promoting his project that the  model is part off.

Get permission from the copyright holder.

ShotbyRon wrote:

I honestly wouldn't care. If they didn't claim it was their photo, and it was used to help them fund something they were passionate about.

But I will use images I own of the models I plan to use, and headshots or random pictures of models I never worked with. Just so be safe and not piss anyone off.

that tears it.

you should care.

D-Light wrote:
I assume the project is something to do with your photography. If that is the case and you had to use an image by someone else to promote it, I think many people's reaction would be along the lines of 'this guy must not be much good, couldn't even produce a usable image for self promotion.'

Perhaps it would be better to use one of your own images, even if it's of a different model. It will show case your ability and avoid any risk of litigation. You can always include a statement that the model in the image is not the one in the project.

My thoughts exactly. Why would anyone put money on a kickstarter while not seeing what YOU can do with your photography? Better plan a shoot with a model and use your own pictures.

For the legal side, I'll leave you with the good answers you got so far about acquiring the rights from the photographers who shot the images you want to use.