During the lecture by Neil Persh about Street Photography the question came up about Release Forms for the people you potentially photograph.
Well according to American Society of Media Photographers
Q: How do I know when I need a model release?
A: The answer to this question can be reached by asking a series of questions about the subject and the use of the photograph. A model release is needed from each person whose likeness appears in a photograph that is used for advertising or trade (business) purposes when the person is identifiable. Look at the photograph and the person(s) in it and ask these questions:
Could the person in the photograph be recognized by anyone? Be warned: It is very easy for a person to show in court that he or she is recognizable.
If the answer to question #1 is No, then you do not need a release.
Is the photograph to be used for an advertisement? (In law, “advertisement” is broadly defined.)
Is the photograph going to be used for commercial business purposes, like a brochure, calendar, poster, web site or other use that is intended to enhance a business interest?
If the answers to question #2 and question #3 are both No, then you do not need a release.
Otherwise, the answer is that you do need a model release.
But for Street Photography there's a court ruling (Nussenzweig v. DiCorcia) that in layman's terms states that you are allowed to sell a recognizable photo of someone on the street as a work of art. What you are not allowed to do is to sell it for commercial photography — that is to say, photos being used to sell a product. This would prevent the sale of photos of a recognizable person to (let’s say) a stock photo service, but not as a work of art, or photojournalistic purposes. (Source: Eric Kim)
I hope this helps anybody who had questions about the need for release forms in street photography.