A Model Release document is a formal document used largely by photographers and publishers to outline the allowances and restrictions of images and photographs that contain the likeness of an identifiable person or persons. For photographers, it largely protects them from civil liability of image use and publication.
The Release often confirms the legality and consent of the party to have their likeness captured, and/or distributed; or as outlined in the details of the Release document.
Why is the Model Release important? It identifies all parties. It demonstrates consent, age appropriateness and legality, due consideration, allowances and restrictions of relevant parties among other things. It may serve as protection against inappropriate image use by a publisher, a photographer, or any individual whose identity and likeness is clearly recognizable. The Model Release may also establish copyright ownership and image publication allowances.
All Releases are not created equal. Some are established purely for proof of age while others are considerably more detailed. Make sure you understand your rights as a subject, a photographer, and/or a model in order to protect your privacy and avoid potential liability.
Would it also help for the model to have a sort of "photographer release/agreement"? I am considering writing one up myself...
ReplyDeleteA properly written Model Release should contain all that you need. There are some standard templates you can find on the Internet. However, all releases are not created equal. Each will define different things. What is important is that you are aware of what you're getting into as a model. As a photographer, it can be important to have a formal agreement protecting him/her from litigation related to photo use, publication, sell, etc.
ReplyDeleteI will not profess to know every single type of Model Release but as the saying goes, "I never leave home without one." You have to decide the extent you're willing to trust as a model, photographer, or publisher. If you have had your picture taken as a model but never signed a release (short of compensatory considerations) you may have relinquished all rights to your likeness on how they are used, if they are sold, where they appear, if they are edited modified or used in any shape, form, or fashion.
I may issue a Release which gives me exclusive ownership of the likeness of a person. Or I may issue a Release that grants me limited use such as to be used to publish a person's likeness only for my own business marketing but forbids me to sell an image for personal or business profit without consent. Other Releases cover parental consent for individuals under legal age. It goes on and on because it can be written to the circumstance and what the client/model and I may agree upon. If I am offering monetary or other compensatory consideration for modeling services then I nearly always retain exclusivity. If I am hired or if it's a volunteer assignment by a client and/or model then circumstances often vary as to the ownership and use of such images. This is when the Release is extremely important.
Many reputable agencies and image stock houses will not trust a photographer or even use or buy a picture without a Release. Ask yourself how many of your pictures might be floating around without any type of consent as to how they will be used or where they may appear.