The Myth of the Model Release?

[Village Idiot]

Getting legal advice from a bunch of yahoos on the internet is really dumb.

You did ask those yahoos their advice, but then you decided to disagree with it... based off your own research... on the internet. And then you came back here to discuss it with the yahoos that you disagreed with some more. Really? Come on.

Go talk to a lawyer.

Some of these yahoos have been in the business and know what they're talking about.

But why not have one anyways? It's protection and it keeps you covered in the event that you eventually need one.

 

[nycphotography]

There are many nuances to the model release as mentioned above. Remember, the release is the model granting YOU permission to display her likeness under the conditions outlined in the release. Don't confuse that with copyright and usage/ license. In all likelihood if you're just doing a fun shoot, you're probably fine. BUT, say you butcher the images and the model asks you not to post them on Facebook? What if they are so embarrassing she threatens legal action? What kind of hard copy proof do you have? Additionally, your verbiage on your website is making you sound like you are pursuing more than hobby photography. If you have aspirations of one day being a paid professional, it's never too early to start conducting yourself like one.

I disagree on the first point. People are fickle. They change their mind, and they get weird for all sorts of reasons that make sense to nobody but themselves. Anything from a new ultra conservative rich boyfriend who makes it his mission to rescue a girl from her past and will stop at nothing to punish anyone and everyone who ever knew her... to... well make up your own stories. If you're going to do the shoot, take 5 minutes to execute a release. It's too simple not to.

For TFP, mine is simple: I can use all images for self promotion, and can and will publish them for self promotion but not for profit, with the following exclusions: _____________________ (Sometimes when doing "implied" nudity, the model is nude, but doesn't want nudes published. Fair enough, and I'll hand write it into the release.) I also include a "compensation" fill in clause which I write in "materials for self promotion only" to indicate that the model has been compensated with a copy of the work which can be used for their self promotion, but not sold for profit, or used for other commercial purposes.

For commercial work, should you ever choose to work for hire, ask the CLIENT to give you one to use. They are paying for the shoot, they get to make the rules. And often nobody is allowed to use the images for anything except for them. If they don't care, then use your TFP release, and just write the amount in the fill-in space.


On the second point I agree completely. Act like a professional.

Third point... anyone who won't sign my release (after reading it) is a HUGE warning klaxon... WARNING WARNING WARNING THIS ONE IS FLAKY WILL BE TROUBLE AVOID AT ALL COSTS WARNING WARNING WARNING.

 

[Steve5D]

Some of these yahoos have been in the business and know what they're talking about.

Perhaps.

But if you get bad guidance from a hired attorney, there's recourse if that advice turns out to be bad. If the advice you follow is that which someone on the internet gives you, there's none. You're screwed...

 

[skieur]

So I've been doing some research and different sites say different things :/ You guys have told me I need to have a model release but my friend kinda freaked out when I told her that so I did some research. This guy seems to say that you basically don't need a model release for yourself, unless it's conveying that the subject promotes an idea or something. It's the publisher company (magazing, etc) that needs the release so it's not that the photographer needs the release but that the publishers need one and that's the only way they will buy your photos. Model Release Primer

Question 1: Why is it that publishers need a model release?

Question 2: If I don't plan to sell my photos to a publisher, or have my subject advocate an idea or something, do I need a release?

Thanks!

Answer to question 1: The publisher is the one who is USING the photo, therefore he needs a model release to avoid the possibility of a lawsuit.

Answer to question 2: No, you don't, in almost all areas, assuming that there is nothing too unique about the shot. The caveat is that nothing in the photo should imply anything negative about the subject. (The classic example is one of a socially prominent, conservative gentleman with the sign for a strip club in the background. Needless to say that resulted in a law suit.)

The above caveat is just in case you do display/publish a shot at a later date.

skieur

 

[manaheim]

Perhaps.

But if you get bad guidance from a hired attorney, there's recourse if that advice turns out to be bad. If the advice you follow is that which someone on the internet gives you, there's none. You're screwed...

Right.

ESP when op already GOT his answer and basically came back to debate it. At that point the wise thing would be to talk to an atty.

 

[skieur]

Perhaps.

But if you get bad guidance from a hired attorney, there's recourse if that advice turns out to be bad. If the advice you follow is that which someone on the internet gives you, there's none. You're screwed...

Right.

ESP when op already GOT his answer and basically came back to debate it. At that point the wise thing would be to talk to an atty.

No, he did NOT. He still had 2 questions which he wanted answers to. The only debate was in your mind.

skieur

 

[tirediron]

Okay, okay... let's lighten up a little shall we?

 

[Joves]

As has been said you may not need one for your intended purpose, but you are better off having one. This is especially true in the litigious society that we now live in, when you have the release, and someone sues you over the photos, or your use of, you have the release for your defense. SO my question is why would you not have it. And people, and the wannabe models are flaky as hell, what is fine one day can change in a second. It is like having sex, use protection.

 

[DGMPhotography]

Cool, well I think I have a better understanding of model releases now. As for manny, I'm starting to see more and more people actually *not* agreeing with you, perhaps you should try to lighten up a bit, you may be a happier person. Thanks for the tips, guys!

 

[Vautrin]

As has been said you may not need one for your intended purpose, but you are better off having one. This is especially true in the litigious society that we now live in, when you have the release, and someone sues you over the photos, or your use of, you have the release for your defense. SO my question is why would you not have it. And people, and the wannabe models are flaky as hell, what is fine one day can change in a second. It is like having sex, use protection.

Ive never heard a model release compared to a condom before, but I love it!

 

[catchlight]

Check out this book:

Art Law Conversations: A Surprisingly Readable Guide for Visual Artists: Elizabeth T. Russell: 9780976648000: Amazon.com: Books

It'll probably answer a lot of your questions on art/legal issues. Hence the title It's a very good read.

Edit: Just looked at the book, there are a couple of chapters about it. Definitely case by case basis, but I agree: use "protection." The book has LOTS of other valuable info for artists

 

[manaheim]

No, he did NOT. He still had 2 questions which he wanted answers to. The only debate was in your mind.

skieur

Not quite... I just responded without re-reading the entire thread and thought this was alllllll about the model release thing.

You're right, but chill dude.

 

[manaheim]

Cool, well I think I have a better understanding of model releases now. As for manny, I'm starting to see more and more people actually *not* agreeing with you, perhaps you should try to lighten up a bit, you may be a happier person. Thanks for the tips, guys!

I'm good, thanks for your concern.

Since you gave me some advice, ill share some with you. Don't assume a bunch of people agreeing or disagreeing with you is a measure of correctness or righteousness.

 

[ClickAddict]

Cool, well I think I have a better understanding of model releases now. As for manny, I'm starting to see more and more people actually *not* agreeing with you, perhaps you should try to lighten up a bit, you may be a happier person. Thanks for the tips, guys!

He has a bunny rabbit for his avatar. How much lighter do you want him to be? :mrgreen:

 

[2WheelPhoto]

I'm assistant/second shooter in a studio mainly because I like it (not my career, but is the photographers) - the models sign a release as they walk into the door. The pics WILL be used

I doubt any model that knows what she's doing, has posed before for anyone other than Joe "FB", would balk at signing it - fairly standard