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Model Release Forms
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I know this has probably been asked 100 times before. But a friend of mine wants to have me take some photos of him and me wanting to be all above bored and have myself covered, would maybe like to use the photo’s at some stage in the future if they are good enough. Just wondering if anyone has any ideas of what I should say in a Model Release form.
While I’m not sure of the requirement by law for model releases in Ireland (anyone know this exactly?), in the US a model release is required only if you plan to profit from the images taken. In other words, if they are to be licensed for commercial purposes, so editorial or even fine art usage is generally fine without a release. I imagine the requirements here are similar.
That being said, the standard form for a model release says that the person acknowledges that they have received some form of consideration for the use of their image (can be a small amount of money, a print of the image, even a hug – you don’t have to specify). It then goes on to indemnify the photographer against any objection they may have to any future use of the image.
A quick search for ‘model release form’ on google will give you plenty of reasonable examples. Some go into more detail than others, but Dan Heller has a good simple one on his site, along with plenty of information about why they’re needed and the circumstances (in the US) where you need to get one.
http://www.danheller.com/model-release.html
Hope that helps.
Cheers,
PeterTheoretically you don’t need a model release form if you don’t intend to sell the photo through a stock agency. If the photo is sold through an art gallery the law is stating that no model release form is needed since the photo is considered art. However, the fact that YOU have been approached by that person and not the other way around, acts as a model release. It shows that there has been an agreement between you and the subject.
thanks guys. It was really weird. I picked up a copy of Digital Camera and was reading through it and there is a section Fine Art Nudes (which they actually want done too as well as portraits) and there is an example of a Model Release Form in there. So I just used that as a starting point.
Thanks for replying :)
photOvidiu wrote:
However, the fact that YOU have been approached by that person and not the other way around, acts as a model release.
Not true. In fact, the fact that a photographer has been asked by someone to be photographed, means there are even less rights accorded to the photographer than if the photographer had asked someone to model for them. Portrait and wedding photographers can’t just publish images of their clients without first getting permission from the clients to do so. Shrewd photographers will have this written into their terms and conditions and contracts, but even then, it would be wise to tread carefully.
Not sure if this is the same but when my image of my little niece was to beused for Belleek I had to get her parents to sign a Model Release form. This form allows Belleek to use the image as they see fit.
Thorsten wrote:
photOvidiu wrote:
However, the fact that YOU have been approached by that person and not the other way around, acts as a model release.
Not true. In fact, the fact that a photographer has been asked by someone to be photographed, means there are even less rights accorded to the photographer than if the photographer had asked someone to model for them. Portrait and wedding photographers can’t just publish images of their clients without first getting permission from the clients to do so. Shrewd photographers will have this written into their terms and conditions and contracts, but even then, it would be wise to tread carefully.
Thorsten
I have been discussing this with a lawyer and basically he told me that there is a unwritten law saying that if, lets say, you take a photo of someone on the street and then you approach that person and introduce yourself and tell them that you took their photo, all this communication between you and the “model” acts as a model release. While this WILL NOT be accepted by any Stock Photography agency, it will be accepted without any problem by any tribunal in case of a litigation. There has been a case in US, where a photographer sold a photo of a banker for $20.000. The banker sued the photographer and he lost based on the fact that HE had been informed by the photographer that he took his photo so he was aware of this. The same will apply if a photographer is approached by someone asking to have it’s photo taken. If that person does not stipulate that wants to have all the rights regarding that photo, then those rights will automatically transfer to the photographer.
People confuse the Stock Agencies, that have their own laws regarding what they sell, with Art Galleries and certain publications that are governed by different laws.
The most important element is to know the legal status of the place where you put your tripod on. :) Public ownership, private ownership..etc. are there more then 5 persons in that place…there are loads of elements to take in account.You will find lots of modal release forms available on the net.
There are basically two sorts. one for Adults and one for minors. If your modal is under the age of 18 in Ireland then a legal guardian is required to be present when signing. They may also be required to be present during any photo shot.
In some jurisdictions outside of Ireland the legal age of consent may be 21.The modal release form is a binding legal contract and should be viewed as one.
In the event of you passing on one of the photographs taken. Then you will be required to fill in and should be asked to fill in a photographic release form.
This is only an agreement between you and whom ever you may sell a photograph on to. You are giving them the right to use a particular photograph for whatever reason.
This dose not infringe on you copy write or ownership of the photograph. They do not have a right to pass your photographs on to a third party.Hope this helps
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