Get legal permission to use a model's image: Model Release
What is a Model Release?
The right model isn't easy to find, and even if you get that perfect picture, it won't matter if you can't use it. With a Model Release, you can get legal permission to use a model's image in print or on a website. You'll need to ask the model for permission to use the image, and complete a Model Release to make it official.
Before you sign up for that big billboard or print those brochures, make sure your model has given you permission to use his or her image. A Model Release is the solution. It's an agreement between a model and an agency, publisher, or photographer in which the model grants the other party permission to use their image in print. Why is it a "release" you might ask? It's because the model releases all possible legal claims against a publishing party for printing the model's image. The signed Model Release also permits the agency, publisher, or photographer to use the model's name, and the model doesn't have the right to approve which photos are used. Be aware that only an adult over 18 years old is legally permitted to sign a Model Release.
When to use a Model Release:
- You intend to publish or use the photographs of a model.
- You are a model who wants to grant a certain individual or business the right to publish photographs of you.
Sample Model Release
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Model Release
Effective as of the date shown below, approval for past use and permission for present and future use is being granted to , , , to use photographs or other images taken on of (the Photographed Party), as more fully explained in this Consent and Release. The Photographed Party is an adult and is fully authorized to sign this Consent and Release.
For value received, receipt of which is hereby acknowledged, the Photographed Party hereby grants consent to , its agents, employees, licensees, and successors in interest (collectively, the Released Party) and authorizes the use of any and all photographs taken of the Photographed Party, and any reproduction of them in any form in any media whatsoever and in any derivative work based thereon throughout the world, and to use them to publicize, promote and advertise, including but not limited to use for point of sale advertising.
The Photographed Party also consents to the use of their own name or any fictitious name which may be chosen in connection with the aforesaid photographs.
The Photographed Party hereby releases any and all claims whatsoever in connection with the use of their photograph and name and the reproduction thereof as aforesaid.
The Photographed Party hereby waives any right that they may have to inspect and/or approve the Book or the advertising copy that may be used in connection therewith or the use to which it may be applied.
THE PHOTOGRAPHED PARTY WARRANTS THAT THEY ARE THE UNDERSIGNED AND THAT THEY HAVE READ THIS CONSENT AND RELEASE PRIOR TO THE SIGNING OF THIS DOCUMENT, THAT THE UNDERSIGNED UNDERSTANDS IT, AND THAT THE UNDERSIGNED FREELY ENTERS INTO THIS CONSENT AND RELEASE.
Signed by of , , with the intent of being legally bound on
| By: | Date: |
About Model Releases
Learn about how to get legal permission to use a model's image
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Why Use a Model Release Form
Professional photographers generally use a Model Release Form right at the outset of a photo shoot. After all, there is no point in going through the rigors of the shoot if the model is not going to give permission for the material to be used.
But this brings up an important point: the Model Release Form is not about granting permission to take the photos, but rather to publish them. You don't generally need written permission to photograph anyone. You need permission to publish the photo for commercial purposes (e.g., you will get paid for your photo).
It is generally accepted to snap a photo of a person in a public place without a release form. However, if you use that photo for specific commercial purposes, like promoting a product, it's better to be safe and get the release form.
A Model Release Form is like a contract. It specifies all the ways the resulting images can or cannot be used. If you are the photographer, you will want to use the broadest language possible about where and in which media formats the image can be used, so you will have great latitude in selling the photo.
The release should also cover other details about the use of the model's name (or not), whether the model has any right to inspect the end product before publication, and whether the release has an expiration date.
If the person who has had their picture taken is not a model, then instead of a model release form you can use a photo release form. A photo release form is appropriate when the person in an image is not a professional model, but perhaps ended up in the image. If you take an image of your store, for example, and a customer end up in the shot, you can use this type of form.
Whether you work in a marketing department, in graphic design or are a commercial blogger (to name just a few possibilities), you need to be careful that any image you may be planning to use in your material has a properly executed release form. Generally, the photographer will have done this step for you, but ultimately it is your responsibility to make sure the release exists before you license any photographs. Remember, there is a free Model Release Form right here at your fingertips.
