Since these custom cross stitch patterns are not true photographic representations of people, there seems to be some question as to the need for model releases. However, since you (and we too) can be sued for using someone's likeness without their permission, this issue does need to be addressed and you need to understand that there are times and occasions when you will actually need model releases … even for your very own custom cross stitch patterns in your very own cross stitch store online.

            In short, if a person is identifiable, you are going to need to have a model release form signed by the person who is identifiable … as long as it is not you. This does not mean that you can simply scratch or blank out the face and use the picture of your girlfriend, mother or anybody else. If you have their permission, than you are certainly free to use them to create your very own custom cross stitch patterns and post them in your online cross stitch store. However, if you do not have their permission, it is still liable to cause you more problems than it is worth … and more money than you are likely to earn from the custom cross stitch pattern.

            There are some occasions when you will take a photograph in a public place and there will be people in the picture itself. We have some instances of this already up on this site and in those cases, they are not readily identifiable and any existing photographs for the cross stitch pattern have not been made available for sale. Since they are not identifiable in any way and are in very public places where they could have no viable expectation of privacy, we feel justified in allowing (those cross stitch patterns that are specifically referred to in this article) to be posted and sold on this site.

            Some people will have pictures of their husbands, wives or other loved ones made into cross stitch patterns that are made available to the general public. We would like to be as optimistic as possible, but it may not be a bad idea to have a signed model release in these instances as well as sometimes, despite our wishes and intentions, these relationships will not work out the way that we had planned and we see no need to provide anybody with ammunition that can be used against you in a court of law.

            If you want to be absolutely certain that you are covered, never use artwork or photography that you did not create yourself to be converted to cross stitch patterns and sold in your online store. If there is any identifiable person in those photographs other than yourself, get the model release form, get it signed and keep it somewhere safe.