Model release for photogs?

[Seanna {Madam}]

I'm curious what models think about model release forms and if you ever thought of having your own "photographer release" form. I've not come across any issues with this yet, but I'm starting to wonder if it would be smart to have one too. Mostly, because I want to be sure that the photos we take are agreed on by both parts before they can be placed on the internet or promoted with your name and face on it. Anyone have any experiences with this to share?

[Monkeyboy]

I've used release forms ever since I left school. It's the proper and professional practice. A good release should represent the interests of both the model and the artist. It's a show of good faith by both parties who are working together for the first time and it only has to be done once. In reality there are limits to how much any piece of paper can protect your interests but your personal image is precious and deserves this simple but important courtesy. If a photographer or artist is experienced and professional you're right. you shouldn't have to present them with a release form. They should have that sorted out long before you have to ask.

[Fetphoto]

Here's my Fetphoto release I use. It covers just about everything.
One thing I do tell all my models especially younger women say 18~25 that if ever their life situation changes for example: becomming a school teacher , I would cease to use their images despite my having a release to do as I pleased. I tell them I obvioulsy cannot recover images already "out there" of course, but would never compromise their new life. Being and remaining a gentleman photog means a lot to me personally.
Ted


Fetphoto Model Release
For good and valuable consideration, receipt which is hereby acknowledged.
I consent that the photographer, his legal representative, successors or assigns, shall have the absolute right and permission to copyright, publish, use, sell or assign any and all photographic or digital portraits, pictures, or video recordings taken of me on this date, whether apart from, or in connection with illustrative or written printed matter, story, or news item, or for trade, advertising or for any other purposes in conjunction with my own or a fictitious name, or in reproduction thereof in colour or otherwise.
I hereby release, discharge, and agree to save harmless the photographer named below, their legal representatives or assigns and all persons acting under their permission or authority or those for whom they are acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, which may occur or be produced in the taking of said picture and/or publication thereof.
I hereby waive any right that I may have to inspect and/or approve the finished product or the advertising copy that may be used in connection therewith or the use to which it may be applied.
I hereby affirm by my signature below in writing or by electronic signature that all poses, positions and situations enacted including those which may involve physical restraint, fictional depiction of captivity, bondage, infliction of pain, physical or mental hardships, or degradation in the still, single, multiple or moving photographic images or pictures on film or digital, video recordings, audio recordings covered in this release were entered into by me without force, coercion, or threat whatsoever, and were posed freely by me with my full consent in return for monetary or trade compensation, and for my own amusement. I further agree to hold harmless and free of all accusation of such coercion by Fetphoto, Ted Samotowka (photographer) his legal representatives, assigns, and those acting under his permission and authority.
I hereby warrant that I am of full legal age of consent, and have every right to contract in my own name or alias/stage name in the above regard. I state further that I have read the above authorization and release, prior to it’s execution, and that I am familiar with the contents thereof.
Date of shoot:__________________ Shoot Location:________________
Model Legal Name:_______________________
Model Stage Name:_______________________
Model Signature: ______________________________
Models Age: _______
Address: ___________________
City:________________
Postal Code__________
Phone: __________________________
Modeling Agency:_________________

[Seanna {Madam}]

Thank you! I like this a lot :)

Fetphoto said:

Here's my Fetphoto release I use. It covers just about everything.
One thing I do tell all my models especially younger women say 18~25 that if ever their life situation changes for example: becomming a school teacher , I would cease to use their images despite my having a release to do as I pleased. I tell them I obvioulsy cannot recover images already "out there" of course, but would never compromise their new life. Being and remaining a gentleman photog means a lot to me personally.
Ted


Fetphoto Model Release
For good and valuable consideration, receipt which is hereby acknowledged.
I consent that the photographer, his legal representative, successors or assigns, shall have the absolute right and permission to copyright, publish, use, sell or assign any and all photographic or digital portraits, pictures, or video recordings taken of me on this date, whether apart from, or in connection with illustrative or written printed matter, story, or news item, or for trade, advertising or for any other purposes in conjunction with my own or a fictitious name, or in reproduction thereof in colour or otherwise.
I hereby release, discharge, and agree to save harmless the photographer named below, their legal representatives or assigns and all persons acting under their permission or authority or those for whom they are acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, which may occur or be produced in the taking of said picture and/or publication thereof.
I hereby waive any right that I may have to inspect and/or approve the finished product or the advertising copy that may be used in connection therewith or the use to which it may be applied.
I hereby affirm by my signature below in writing or by electronic signature that all poses, positions and situations enacted including those which may involve physical restraint, fictional depiction of captivity, bondage, infliction of pain, physical or mental hardships, or degradation in the still, single, multiple or moving photographic images or pictures on film or digital, video recordings, audio recordings covered in this release were entered into by me without force, coercion, or threat whatsoever, and were posed freely by me with my full consent in return for monetary or trade compensation, and for my own amusement. I further agree to hold harmless and free of all accusation of such coercion by Fetphoto, Ted Samotowka (photographer) his legal representatives, assigns, and those acting under his permission and authority.
I hereby warrant that I am of full legal age of consent, and have every right to contract in my own name or alias/stage name in the above regard. I state further that I have read the above authorization and release, prior to it’s execution, and that I am familiar with the contents thereof.
Date of shoot:__________________ Shoot Location:________________
Model Legal Name:_______________________
Model Stage Name:_______________________
Model Signature: ______________________________
Models Age: _______
Address: ___________________
City:________________
Postal Code__________
Phone: __________________________
Modeling Agency:_________________

[Soda Shop Sue]

i get contracts signed, ALWAYS... it is a simple contract, regarding posting... if that contract is not signed, nobody posts pics.... thats that!

[Miss Bea Rock]

i noticed that even just booking upcoming shoots, more experienced photographers stated their purpose in working with me within sentences of asking me to shoot. be it for a portfolio, an advertisement, anything...just be sure you know the destination of your photos!!

Monkeyboy said:

I've used release forms ever since I left school. It's the proper and professional practice. A good release should represent the interests of both the model and the artist. It's a show of good faith by both parties who are working together for the first time and it only has to be done once. In reality there are limits to how much any piece of paper can protect your interests but your personal image is precious and deserves this simple but important courtesy. If a photographer or artist is experienced and professional you're right. you shouldn't have to present them with a release form. They should have that sorted out long before you have to ask.

[Philip Frazer]

Model releases and copyright ownership are tricky subjects. Model releases are for photos that will be used in commercial applications - ads, brochures, posters, greeting cards, catalogs, postcards, kiosks, trade shows, etc. Following industry standards, for any work that will appear in consumer or trade magazines, newspapers, or educational books, you generally do not need a model release. This is also true for photographic exhibits. These are considered educational/informational uses. A photographer retains the rights to their photos even without a model release. The model release is the form in which the model waives their right to consent to pictures prior to publishing. In 1978 the The Copyright Act was passed stating that the copyright gives the creator or author of a work the power to control the work. The owner of the copyright has the exclusive right to control if, when, how and how often his or her work can be used or copied. As the model you retain certain rights, which are your personal likeness and (in certain cases as outlined above) the right to not have photos of yourself published in do not desire it. The model release waives these rights and gives the photographer the right to use the pertaining photographs for commercial use as they see fit. Now it is a given that most professional photographers have no desire to use the photos for any malicious intent. However there are those type of people out there who might want some photos to ( as stated in a prior post ) put up as an ad on a porn site or something of similar nature. If there are certain places you would never agree to have your photos associated with (such as adult sites, etc) then talk to a photographer and you can release your photos for all purposes except those in which you are especially not ok way. As well if you are going to sign a release, in most cases you are being payed and the model release is part of the contract agreement. For many of us on here we are collaborating as model and photographer (or vice versa) to continue updating our portfolios, as test shoots, for practice and further experience, etc. A lot of shoots I do personally are not for financial gain but more for the previously stated. When you do, for example, a shoot that benefits both the photographers portfolio and the models it is common to not use model releases and have an equal use agreement. Usually the model models for the photographer and the photographer in tern allows the model to use the pictures for their portfolios and personal representation (TFP/TFCD). It is also common to have the photographer have the model to sign a release but to also give the model a small, conditional release that allows them to use/ reproduce their photos to be used for personal representation. Same thing as above but with actual forms. So in this case you are getting something in return for signing the release, often photographers will also give the models prints. Sometimes people have the misconception that because they didnt sign a model release the photographer cannot use the photos for anything or post or display them anywhere without consent from the model. This is not true. As stated above there are many cases in which the photographer can use the photos (without profit) to their liking. Professional photographers are not trying to trick you into anything by having you sign a model release. As people have said in prior posts, do read model releases extensively. You have every right to be concerned about your personal image and the protection of it. If you do have any qualms with a model release talk to your photographer and you will more than likely be able to work something out.

[Retrodolls Pinup Photography]

Pin-ups Hair Design Inc. said:

Philip Frazer said:

Model releases and copyright ownership are tricky subjects. Model releases are for photos that will be used in commercial applications - ads, brochures, posters, greeting cards, catalogs, postcards, kiosks, trade shows, etc. Following industry standards, for any work that will appear in consumer or trade magazines, newspapers, or educational books, you generally do not need a model release. This is also true for photographic exhibits. These are considered educational/informational uses. A photographer retains the rights to their photos even without a model release. The model release is the form in which the model waives their right to consent to pictures prior to publishing. In 1978 the The Copyright Act was passed stating that the copyright gives the creator or author of a work the power to control the work. The owner of the copyright has the exclusive right to control if, when, how and how often his or her work can be used or copied. As the model you retain certain rights, which are your personal likeness and (in certain cases as outlined above) the right to not have photos of yourself published in do not desire it. The model release waives these rights and gives the photographer the right to use the pertaining photographs for commercial use as they see fit. Now it is a given that most professional photographers have no desire to use the photos for any malicious intent. However there are those type of people out there who might want some photos to ( as stated in a prior post ) put up as an ad on a porn site or something of similar nature. If there are certain places you would never agree to have your photos associated with (such as adult sites, etc) then talk to a photographer and you can release your photos for all purposes except those in which you are especially not ok way. As well if you are going to sign a release, in most cases you are being payed and the model release is part of the contract agreement. For many of us on here we are collaborating as model and photographer (or vice versa) to continue updating our portfolios, as test shoots, for practice and further experience, etc. A lot of shoots I do personally are not for financial gain but more for the previously stated. When you do, for example, a shoot that benefits both the photographers portfolio and the models it is common to not use model releases and have an equal use agreement. Usually the model models for the photographer and the photographer in tern allows the model to use the pictures for their portfolios and personal representation (TFP/TFCD). It is also common to have the photographer have the model to sign a release but to also give the model a small, conditional release that allows them to use/ reproduce their photos to be used for personal representation. Same thing as above but with actual forms. So in this case you are getting something in return for signing the release, often photographers will also give the models prints. Sometimes people have the misconception that because they didnt sign a model release the photographer cannot use the photos for anything or post or display them anywhere without consent from the model. This is not true. As stated above there are many cases in which the photographer can use the photos (without profit) to their liking. Professional photographers are not trying to trick you into anything by having you sign a model release. As people have said in prior posts, do read model releases extensively. You have every right to be concerned about your personal image and the protection of it. If you do have any qualms with a model release talk to your photographer and you will more than likely be able to work something out.

Very good information. I think there's a lot of people out there, both photographers and models that are running blind in these regards. Just look at all the images on the internet. Our salon has had images that were paid for, lifted from our sight and used for a clothing catalog in Europe. These were from a shoot that we put together and hired the photographer and the models. We agreed to everyone one being able to use the images for their own personal use and all parties knew that the images were for our clothing line and would be used to market our product. I guess someone else wanted them for their companies clothing line as well! They just photo shopped our logo off the top that the model was wearing and put there's on it. It was a weird feeling. We felt violated and pissed off!

Thanks again for the extensive information. I appreciate your time.

~Rob/Pin-ups Hair Design~

That happens a lot
I have seen my images with no name, or credit on probably over a thousand websites that where lifted, stolen, or reused for one thing or another, I just get over it. I have even had clients resell images they didn't have have the exclusive license for.

[Miss Bea Rock]

The internet, a blessing and a curse.

jholmesphoto said:

Pin-ups Hair Design Inc. said:

Philip Frazer said:

Model releases and copyright ownership are tricky subjects. Model releases are for photos that will be used in commercial applications - ads, brochures, posters, greeting cards, catalogs, postcards, kiosks, trade shows, etc. Following industry standards, for any work that will appear in consumer or trade magazines, newspapers, or educational books, you generally do not need a model release. This is also true for photographic exhibits. These are considered educational/informational uses. A photographer retains the rights to their photos even without a model release. The model release is the form in which the model waives their right to consent to pictures prior to publishing. In 1978 the The Copyright Act was passed stating that the copyright gives the creator or author of a work the power to control the work. The owner of the copyright has the exclusive right to control if, when, how and how often his or her work can be used or copied. As the model you retain certain rights, which are your personal likeness and (in certain cases as outlined above) the right to not have photos of yourself published in do not desire it. The model release waives these rights and gives the photographer the right to use the pertaining photographs for commercial use as they see fit. Now it is a given that most professional photographers have no desire to use the photos for any malicious intent. However there are those type of people out there who might want some photos to ( as stated in a prior post ) put up as an ad on a porn site or something of similar nature. If there are certain places you would never agree to have your photos associated with (such as adult sites, etc) then talk to a photographer and you can release your photos for all purposes except those in which you are especially not ok way. As well if you are going to sign a release, in most cases you are being payed and the model release is part of the contract agreement. For many of us on here we are collaborating as model and photographer (or vice versa) to continue updating our portfolios, as test shoots, for practice and further experience, etc. A lot of shoots I do personally are not for financial gain but more for the previously stated. When you do, for example, a shoot that benefits both the photographers portfolio and the models it is common to not use model releases and have an equal use agreement. Usually the model models for the photographer and the photographer in tern allows the model to use the pictures for their portfolios and personal representation (TFP/TFCD). It is also common to have the photographer have the model to sign a release but to also give the model a small, conditional release that allows them to use/ reproduce their photos to be used for personal representation. Same thing as above but with actual forms. So in this case you are getting something in return for signing the release, often photographers will also give the models prints. Sometimes people have the misconception that because they didnt sign a model release the photographer cannot use the photos for anything or post or display them anywhere without consent from the model. This is not true. As stated above there are many cases in which the photographer can use the photos (without profit) to their liking. Professional photographers are not trying to trick you into anything by having you sign a model release. As people have said in prior posts, do read model releases extensively. You have every right to be concerned about your personal image and the protection of it. If you do have any qualms with a model release talk to your photographer and you will more than likely be able to work something out.

Very good information. I think there's a lot of people out there, both photographers and models that are running blind in these regards. Just look at all the images on the internet. Our salon has had images that were paid for, lifted from our sight and used for a clothing catalog in Europe. These were from a shoot that we put together and hired the photographer and the models. We agreed to everyone one being able to use the images for their own personal use and all parties knew that the images were for our clothing line and would be used to market our product. I guess someone else wanted them for their companies clothing line as well! They just photo shopped our logo off the top that the model was wearing and put there's on it. It was a weird feeling. We felt violated and pissed off!

Thanks again for the extensive information. I appreciate your time.

~Rob/Pin-ups Hair Design~

That happens a lot
I have seen my images with no name, or credit on probably over a thousand websites that where lifted, stolen, or reused for one thing or another, I just get over it. I have even had clients resell images they didn't have have the exclusive license for.

[Raven Foxx]

Being quite virginal in this regard, I am so thankful to all the great experience and advice given on PL. This truly is a great community.

[Eye of Ra Photography]

I always have two releases that I use for both TF* shoots and for port shoots. The first is the model release that assigns copyright to me as the photog. I feel this is important as it establishes clearly who has the rights to dictate how the photos are used. I then sign a copyright release that the model keeps granting her the right for non-commercial use of the images. I specify portfolios, personal promotion (like business cards etc...), and gifts (yes, I've had models who wanted to give shots to their parents for Christmas :).

The key for me is that there has to be a clear cut owner of the photos so that if there's any question about usage, there's not gray area. When it comes to commercial shoots (like shooting for a website), there's a different copyright release I use that assigns unlimited rights to the website. I still have to have full control of the copyright to be able to assign the unlimited rights. That's the important part.

Obviously there are different contractual approaches, but this way feels the most comfortable to me, and It's worked out for me so for both with models and commercial entities.

Rahul

[Monkeyboy]

Thanks Philip for a very comprehensive and clear response. As I stated I've been using releases religiously for years. There are a couple of points that have been raised that are helpful even to a seasoned veteran. As soon as something is published on the internet it's virtually impossible for anyone to guarantee that it won't be pirated. Having said that I still believe that both artists and models should do everything in their power to provide a proper professional working environment. I reiterate what has already been stated here in this discussion that everyone should read and pay attention to any contract or agreement before they sign. Don't be bullied into agreeing to something that you're not comfortable with. Respect the people that you work with and also respect yourself.

[Seanna {Madam}]

Well put the stamp on that question it is officially answered and closed by this info Philip!

(And by the way I've never worried about this particular situation with you (Philip Frazer) or Hannah. You guys are absolutely wonderful!)

Philip Frazer said:

Model releases and copyright ownership are tricky subjects. Model releases are for photos that will be used in commercial applications - ads, brochures, posters, greeting cards, catalogs, postcards, kiosks, trade shows, etc. Following industry standards, for any work that will appear in consumer or trade magazines, newspapers, or educational books, you generally do not need a model release. This is also true for photographic exhibits. These are considered educational/informational uses. A photographer retains the rights to their photos even without a model release. The model release is the form in which the model waives their right to consent to pictures prior to publishing. In 1978 the The Copyright Act was passed stating that the copyright gives the creator or author of a work the power to control the work. The owner of the copyright has the exclusive right to control if, when, how and how often his or her work can be used or copied. As the model you retain certain rights, which are your personal likeness and (in certain cases as outlined above) the right to not have photos of yourself published in do not desire it. The model release waives these rights and gives the photographer the right to use the pertaining photographs for commercial use as they see fit. Now it is a given that most professional photographers have no desire to use the photos for any malicious intent. However there are those type of people out there who might want some photos to ( as stated in a prior post ) put up as an ad on a porn site or something of similar nature. If there are certain places you would never agree to have your photos associated with (such as adult sites, etc) then talk to a photographer and you can release your photos for all purposes except those in which you are especially not ok way. As well if you are going to sign a release, in most cases you are being payed and the model release is part of the contract agreement. For many of us on here we are collaborating as model and photographer (or vice versa) to continue updating our portfolios, as test shoots, for practice and further experience, etc. A lot of shoots I do personally are not for financial gain but more for the previously stated. When you do, for example, a shoot that benefits both the photographers portfolio and the models it is common to not use model releases and have an equal use agreement. Usually the model models for the photographer and the photographer in tern allows the model to use the pictures for their portfolios and personal representation (TFP/TFCD). It is also common to have the photographer have the model to sign a release but to also give the model a small, conditional release that allows them to use/ reproduce their photos to be used for personal representation. Same thing as above but with actual forms. So in this case you are getting something in return for signing the release, often photographers will also give the models prints. Sometimes people have the misconception that because they didnt sign a model release the photographer cannot use the photos for anything or post or display them anywhere without consent from the model. This is not true. As stated above there are many cases in which the photographer can use the photos (without profit) to their liking. Professional photographers are not trying to trick you into anything by having you sign a model release. As people have said in prior posts, do read model releases extensively. You have every right to be concerned about your personal image and the protection of it. If you do have any qualms with a model release talk to your photographer and you will more than likely be able to work something out.