Understanding Model Releases: What They Are and Why You Need to Use Them
What makes a model release necessary? You own the rights to the photographs, after all, you are free to do as you choose, right? Actually, you probably won't have total freedom. I'd want to ask you a few questions. Do your marketing and promotional materials include pictures of customers or other identifiable people? Did the customers or people sign a release form for models? Are you satisfied you are not violating their right to privacy by doing this? Are you assured that you are not violating the privacy rights of others?
These are just a few of the factors that make it crucial to comprehend what a model release is and when you should use one in your photography business.
What is a Model Release?
A model release provides the copyright owner permission to publish the image in accordance with the terms of the release once it has been signed by the subject of the photo (or, in the case of a minor, by the parent or legal guardian). Releases frequently include uses for marketing, advertising, and other business purposes. Additionally, this waives any claims the model may have in the future for payment for the usage of photos.
How is this different than a copyright transfer document or print release?
Ownership of images is transferred from the photographer to the client via copyright transfer paperwork, which is frequently a clause in a contract. In order to use the photographs they have created for commercial purposes, such as your website or printed out and exhibited in your shop, you may want to arrange either a copyright transfer or a commercial license with your photographer. Print releases give customers the okay to print digital files as long as they adhere to the limits outlined in the release while the photographer retains ownership (copyright). However, this is typically insufficient for use within your company.
Model release basics.
The session from which the photographs were taken, restrictions on how those images may be used in the course of business, and any payments the model may earn for this use are all commonly included in a model release.
Although it is not necessary for you, the photographer, to need that a model release be signed in order to complete the photography session, you will need one in order to use those photographs in marketing or promotion, including your portfolio.
The connection between privacy and model releases.
When photos were taken in a private photographer/client relationship, using them may violate the client's right to privacy protection legislation. Even when photographs were shot in a partnership between a commercial photographer and a client, a number of rules on the federal and state levels protect the client's right to privacy.
The relevant law is called The Lanham Act. The Lanham Act is a federal law and applies throughout the United States. Section 43(a) provides:
(1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which-
(A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or
(B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities, shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.
On a state level, each individual state has its own breakdown of privacy laws. Refer to your local state laws for reference.
When should I have a model release signed?
If you organize or take part in a photographic session, it is a private contractual partnership, and the images will be used for marketing purposes on a website, in a portfolio, or elsewhere. If you're unsure, obtain one in writing.
What if you are the one being photographed?
Keep in mind that if you are being photographed, the other photographer will probably ask you to sign a model release so they can use the photos of you in their advertising and promotional materials or portfolio.
Also, keep in mind that even though you might believe that you and your company are one, if you own a limited liability company or corporation, you will need to personally sign a model release allowing the business to use your picture in marketing and advertising. Why? Because this is yet another method to communicate unequivocally that you regard the business as an independent being from yourself. It's crucial to think about what the business might take away from these pictures!
