What a Model Release Is & Why You Need One
When you have a picture taken, you don’t normally stop to think about what happens with your images. We think about location, outfits, hair and makeup and how we want our images processed- prints, albums, canvas, etc. What many people never consider is what happens to their images after they purchase their product.
This is something both a client and a photographer should understand clearly before the first shot is taken. Whether you are a professional photographer or a client, you need to know your rights.
If you go to any professional photographer, they will have you sign a contract that talks about appointments and cancellations, how long they hold onto the digital copies, what you as a customer can do with the images and sometimes it includes what they as a photographer can use your images for. Most people don’t bother to read their contracts and rarely know what the details are of what they sign. In general, we trust the person we are working with to let us know if there are any things we need to know.
Have you ever heard of a Model Release form for photography? As a photographer, do you use one?
A model release form is a legal document between you, the photographer and possibly the person who owns the property being photographed. It is the document that you, as a client, sign giving the photographer permission to use your image on their website, blog, marketing materials, or in their studio. Many people believe that if they don’t sign a model release, their photos can’t be used by the photographer. Actually, a photographer could use your images without you knowing and your only recourse would be to sue them for violation of privacy.
Do you have to sign a model release giving permission to use your photos?
In most cases, no you do not. If you are doing what is referred to as a “Trade For Prints” or TFP session, you will be expected to sign a model release. This is normally done as a no cost trade between a photographer and client (model or non-model) and sometimes includes a hair and makeup artist (HMUA). In a TFP scenario, all parties are trading their skills to receive images they can use for their business or personal use. An example would be a person creating their model or actor portfolio, a photographer looking to expand their portfolio or marketing material and a HMUA who wants before and after shots for their portfolio and advertising. Each person receives a specific quantity of product, the copies of the images, which they can use for their own purpose without the exchange of money.
A model release should be signed whenever you are having your photos taken but does not have to grant the photographer use.
A reputable photographer will give you the option to grant or deny use of your images. They will also allow you to choose how your images will be used if you allow modified use of some or all of your photos. If a photographer tells you that you cannot deny them use of your photos, consider working with a different photographer as no true professional would treat a client that way.
Do consider however, that being able to share your images is how a photographer shows other potential clients what it is that they do. If no one ever allowed the photographer to use their images for advertising, you would have no idea what quality of work they provide.
For the sake of both the client and the photographer, a model release should be signed either granting or denying use of some or all of the images from a photo session. This gives peace of mind to the client, knowing how their images will be used, and to the photographer who will have a form signed giving them legal right to use a client’s images for their business advertising.
Whether you are the client or the photographer, it is imperative you know your rights and understand what is in your contracts. I use a separate model release form that allows my clients the option to grant or deny use of some or all of their images. I honor the choice made by my clients and respect their wishes. There are times I have clients that choose to deny use of their images for personal or professional reasons. No matter how badly I would love to use their images, I will honor their choice. I do have times when I will do portfolio building shoots that require the person being photographed to sign a model release before we even begin shooting. This is clearly explained and normally involves a complimentary session fee and a specified number of complimentary images. I have a model release signed for EVERY session that takes place, either granting or deny photo use.
I hope this post helped to clarify what a model release is used for, when you need one (ALWAYS!!) and that this is for protection for both the client and the photographer.
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