Upload & Sell: On
| p.1 #5 · p.1 #5 · Apparently in NYC you can use people's image w/o permission |
So, for art purposes (and saleability) it would seem that model releases are not required according to this.
I'm not certain what the term "saleability" means, but to my knowledge, a model release is not legally required for any type of project (commercial, artistic, editorial, etc). The state law just requires consent to use the person's name, portrait or picture for commercial or advertising purposes.
So while the model or property release is a form of consent, that particular form is not required if consent has been granted in some other way.
In this case, consent (of any form) is not required for the artistic purpose. And this decision only relates to the laws of New York state.
Now the artist has said that he has removed the photos from his website, but as of my writing this post, they are still there -- and appear in a number of other third party publications as well.