Model release forms: when to have one signed and when to skip it; retroactive signing

[VinnyG113]

I am new to model work and want to make sure I take the appropriate steps to keep both myself and the models I work with happy and within our legal rights in regards to the use of the images.

In the case of working with someone I don't know well, or at all, should that time come, I will definitely have a release form ready to be signed. They don't know me, I don't know them, better to be safe than sorry then to find out later that I am in trouble.

But what to do with a close friend or family member? We know each other well, we have a mutual respect and trust for each other ... should I still play it safe and have a release form signed?

In every case with the few models I have worked with thus far, I have an email or Facebook message from them stating that I can use the photos I've already taken of them. I understand that this is not as legally binding as a release form, but is it binding enough? Or binding enough until I can get them to retroactively sign a more legitimate waiver? Would signing a waiver now protect previous photo shoots? In a few cases, the images I have chosen to use from these previous shoots do not include the model's face, as it is intentionally hidden in a shadow.

I'm slowly maneuvering through the multitudinous websites about waivers, fair use of images, model work, etc., but I thought I would see if anyone couldn't answer these questions more quickly and concisely here than I have been able to elsewhere.

Thanks so much in advance!

 

[Tee]

I'll be the first to say that you're going to get 10 replies telling you to see a lawyer. With that said, the Top Model Release app is a good start. The bonus is the model signs digitally and can get a copy emailed directly to them. I use it as a backup when I forget my paper copies. Next, understand the differences of various releases and usage agreements. My usage agreement is different from the model release and never combined on one page.

With regards to needing a release for family and close friends, I guess that's a personal choice. I don't make my family sign one. I personally find it...a little odd. Ultimately, it's going to depend on what the intended outcome of the image is for. However, I'm an A-type and have no problems telling my sister or brother to go pound sand if they become demanding.

 

[KmH]

Model/property release law varies by state, and those laws are not cut and dried like traffic laws are.
A very worthy reference to have at hand:
A Digital Photographer's Guide to Model Releases: Making the Best Business Decisions with Your Photos of People, Places and Things

 

[JoeW]

My advice is to ALWAYS ask for a release if you either have any possibility of publicizing or selling the photo OR if it's not a family member. Even if it's only TF and you have no intention of publicizing or selling the photos, you never know. And...a release is a way of reminding the model of how this thing works...he/she doesn't own the rights to the photos, doesn't get to insist on a share of the profits, can't direct you how to do edits, etc.

And yes, consult a lawyer. I have a copy of the ASMP release but every state is different and don't even get started at nations outside the US--that's a completely different ball game.

 

[KmH]

In every case with the few models I have worked with thus far, I have an email or Facebook message from them stating that I can use the photos I've already taken of them. I understand that this is not as legally binding as a release form, but is it binding enough?

That would depend on the state law that applies and on the judge that heard the case.

Or binding enough until I can get them to retroactively sign a more legitimate waiver?

Same as above.

Would signing a waiver now protect previous photo shoots?

That would depend on the language of the release. Many photographers do not understand how specific a model release needs to be to be really good.
Listing each image file name is best.
Listing the date of the shoot and saying "all images made on this date - mm/day/yr" is next best but is not as good as listing each image file name.
Listing a date range - the least desireable.

In a few cases, the images I have chosen to use from these previous shoots do not include the model's face, as it is intentionally hidden in a shadow.

The test of recognition is not limited to being able to see a person's face.
Recognizable can be established in many other ways - like unique body features, tattoos, scars, custom made clothes, a poorly set broken elbow, and the list goes on.
Pretty much the person in the photo is the one who determines if they are recognizable or not.