Model Releases
People have rights to their own image, especially if the photo was taken in a private place. Model releases are familiar documents to most professional studio photographers. If you photograph a person in a private setting and then try to sell that image, you may have difficulties selling it if you do not have a model release. You may also run into legal problems if you sell an image of a person without their permission.
"Many suggest that it is a good "standard practice" to make sure all people in your photos are released but there are those who counsel against model releases."
If the person signs a model release, this will likely protect you against a range of potential problems that might arise. Many suggest that it is a good "standard practice" to make sure all people in your photos are released but there are those who counsel against model releases. Dan Heller wrote the definitive book on model releases and he has gratiously uploaded chapters of the book to his website. In his opinion, model releases are needed a lot less than you might think.
In my thirty years as a fine artist, designer and occasional photographer, I have never used a model release, although I plan to do so from now on. Most of the photography I do is flowers and scenery, so I rarely need a release and when I do, it rarely occurs to me to use one. There have been a few occasions recently where I wished I had a model release on hand. Having seen the error of my ways I recently printed out some model releases to keep with my camera gear so I will always have some on hand. Now all I need to do is remember to use them, and find the courage to ask people to sign.
Return to top of pageExample of a Model Release
This is a generic example of a model release for educational purposes only. Since model release requirements vary widely with regards to local laws, terms and situations, you should consult a lawyer to prepare your own model release.
Make sure to use a model release written specifically for your home province or state. Contract law varies widely from place to place. Do your research and make sure your model release is legal for where you live. I am not a lawyer but based on my reading and research I believe that including the words "for valuable consideration received" and giving the model a small fee, even if it is a dollar, makes the release more legally binding in most jurisdictions. To be sure about this ask a good copyright lawyer to draft a model release designed specifically for your needs.
For valuable consideration received, I
_____________________________________
[Insert name of model]
hereby give _____________________________________
[Insert name of artist]
and all assigns of the artist, the right and permission to copyright world wide, to use and/or publish in any circumstances photographs taken of me by the artist and any assigns, on the following date and location
_____________________________________
[Insert date and location]
and reproductions of those photographs which may be cropped, collaged, or altered by any means using any tools, including traditional or electronic. I accept that my image may be used in conjunction with any manner of moving images, printed pieces or advertising materials, in any media, or for any purpose deemed suitable by the artist and assigns, whether commercial or non-commercial, with no restrictions or limitations. I have read and understand this agreement and I am of of legal age and legally permitted to sign a contract in my own name.
Date
_________________________________________
Name of Model (please print) _________________________________________
Age of Model
_________________________________________
Signature of Model
_________________________________________
Address
_________________________________________
Phone
_________________________________________
_________________________________________
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Disclaimer
These pages are for educational purposes only. This site offers a combination of fact, anecdotal information and editorial opinion of the writer, none of which should be construed as legal advice. If you require legal assistance on any aspect of copyright law, please contact a lawyer.