Model release - use rights for the model

[JClishe]

I'm a hobbyist glamour photographer, I work with a lot of traveling and local models. My model release is just canned text from Easy Release that virtually none of the models read. However, a model recently questioned part of the release that read:

"I agree that I have no rights to the Content, and all rights to the Content belong to the Photographer / Filmmaker and Assigns."

The model was concerned about the implications of this statement as it relates to her posting the images to her Facebook page, Instagram, etc. While I assured her it wasn't an issue and that I actually WANT her posting the edited images that I send her because it's publicity for me, she did have a valid point; The release makes it seem like she legally can't post the images anywhere.

So my question is, for those of you working with models, do you grant your models limited non-commercial use rights in your release? Can you provide an example of the language?

Thanks

Jason

 

[KmH]

. . . "I agree that I have no rights to the Content, and all rights to the Content belong to the Photographer / Filmmaker and Assigns.". . .
. . . The release makes it seem like she legally can't post the images anywhere. . .

Yep. That's exactly what your model release says.

For legal advice I strongly recommend you consult a qualified attorney. Model release law varies by state.

 

[tirediron]

It depends. If it's a TF* shoot, which I often do when I want to play around with an idea, test lighting, etc, then it's equal rights for both. If I'm paying the model, it's all rights to me, and if the model is paying me, then it varies depending on what he/she wants.

 

[vintagesnaps]

Try American Society of Media Photographers or PPA to get examples of contracts. Photographers sometimes provide clients with appropriately sized images for social media use; depends on what's contracted to be provided by the photographer.

Doesn't seem like the best thing to tell a model something different than what she signed - get in writing what a model is allowed to do as far as usage of the photos. Good question on her part.

 

[JoeW]

I am not a lawyer nor do I play one on TV. That said...

1. There is a difference between a model release (which is the model granting you the right you display, sell, market her likeness through your photos) and a usage agreement. You can combine the two. But what you're really talking about is a completely separate issue from that of a release...what rights the model has.

2. I suggest you add language to the release. Point it out to the model. It should dictate what usage rights the model has for any shoot in which she/he does not contract with you to provide photos. Obviously, it's best to check with a lawyer. But if you said that any edits that you expressly provide the model for the model's use or portfolio may be marketed or sold or displayed by the model as they see fit as long as you are given credit and there are no edits to the photo.

And yes, I agree with the others...the way I read your release, it says the model can't display any of the photos you provide him/her.