A model release is a legal document signed by a model and photographer that outlines the terms of their relationship, including payment and usage restrictions. It can also cover underage models and may be tailored to different shooting situations. It should address federal, state, and local laws.
A model release is a type of liability release often signed by a model and a photographer or videographer. The model release aims to protect both parties in the event of a dispute and, more specifically, outlines the terms of the relationship between model and photographer. It may include sections describing payment for the photographer and/or model, sections allowing the photographer to use the model images for profit or advertising, sections outlining usage restrictions for images taken by the photographer, and any other legal problems that a photographer or model may encounter as a result of the photo or video session.
Many photographers issue a model release to the person they are photographing before taking any photos. The model release will outline the terms of the photo or video session and, if the model is a minor, a parent or guardian must sign the document. The release can also cover underage models, clearly outlining the rights, restrictions, etc. of both the photographer and the model. Most photographers will also include a clause stating that the model may not use any of the images taken for their own financial gain without written permission from the photographer. This is done to clearly indicate who owns the photos taken, and can be included with a clause explicitly stating ownership of the photos.
Compensation terms are almost always included in a model release. If the model or photographer needs to be paid, the amount should be clearly stated in the model release and often the date by which each party should be compensated is also included. If no compensation is awarded to one or both parties, this should also be clearly stated on the model release to avoid any misunderstandings in the future, especially after the images have been used for commercial purposes.
A photographer can change model releases depending on the shooting situation. A group release, for example, is designed to accommodate several models or people posing for photographs. It tackles many of the same topics as a regular version of the template, but often features signature lines for multiple people rather than just one or two. A minor release may be specifically for photography of children, and such an agreement must be signed by a parent or guardian.
The release should address both federal or state laws, as well as local laws that may vary from region to region. It is best for the photographer to research local laws and common lawsuits that have been brought against photographers and try to tailor his release to cover those issues should they arise.
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