A model release is a contract between a model, a photographer, and a witness, which designates the rights to the photos and all possible actions with them (publication, sale, distribution, retouching, processing, etc.).
A model release can have different names (model contract, photographer agreement, model agreement, model release, etc.), but its essence is always the same — to clearly and precisely determine who owns the rights to the photos, and what actions are permissible with them.
Of course, when signing a model release, as well as when signing any other agreement, you need to carefully read the terms and conditions. This article focuses on what you should pay attention to and which points are especially important for different types of photography.
A model release must include the following information:
Photographer's details
Photographer's last name and first name (if applicable)
Photographer's contact information
Witness's details
Witness's last name and first name (if applicable)
Witness contact details
Model details
Model's last name and first name (middle name, if applicable)
Model's contact details
Model's passport details
Model's passport first page scan
Content information
Date of shooting
Content brief description
Shooting location
Content rights
Modifications that may be made to the content by the copyright holder
Often, photographers also take photos of the model next to the signed release (this is a requirement often set by certain international magazines and photo stocks). However, the presence of a witness during the shooting and signing of the release is not always necessary.
Let's take a closer look at the main components of a release and discuss the potential pitfalls that may arise in some cases.
The photographer's details are straightforward. As a rule, the model either fully transfers all rights to the photos and any modifications to the photographer, or shares these rights with the photographer (depending on the type of photography). In this case, you should simply check the correctness of the spelling of the last name, first name (middle name, if applicable), and contact information.
The witness's information is simply a witness's information. They do not have any rights to the photos and are simply a third party who verifies the signatories of the model release. A witness can be any third party — a photographer's assistant, a stylist, a make-up artist, a representative of a modeling agency, etc.
The model's data is much more interesting. The model is the person depicted in the photos and/or videos, and they are the ones who initially own the right to use their images. Therefore, it is crucial to carefully verify all the information provided by the model.
The model's last name, first name, and patronymic (if applicable) must be provided based on their passport or any other identification document. It is not allowed to specify a stage name, which is often assigned to models by their parent modeling agencies.
In addition to the series, number, date, and place of issue, the passport data must include the model's date of birth. The model has the right to sign the modeling release independently only if they are of legal age on the date of the agreement. However, the model must be of legal age according to the laws of the country where the shoot takes place. It is important to note that 18 years of age is not considered legal age in all countries. For example, in the DPRK, the age of majority is 17, in some states of the USA and Canada — 19, and in Singapore and Monaco — 21.
If the model is a minor at the time of signing the agreement, then a separate column is added to the release for the model's parent/guardian, which must contain:
The surname, name (patronymic — if acceptable) of the parent/guardian
Their contact details
Please note that in this scenario, the presence of a witness's signature is mandatory in most cases.
Therefore, a model can participate in a shoot even if they are underage, but these photos can only be used with the consent of the legal representatives (parents or guardians) of the underage model.
Additionally, it is almost always required to provide a photo or scan of the model's passport. There is even a designated space for this purpose in the release form (see the model release forms below).
Content information is where you need to be especially attentive. The text of this section should fully reflect the agreement on the rights to the photos with all participants in the shoot.
As a rule, if the shoot is conducted on a commercial basis and the model receives monetary compensation for it, then she is obliged to transfer the rights to the photos and any modifications with them to the photographer. In turn, he transfers the rights to the customer, who can be designers, showrooms, magazines, etc. This is how the modeling business works.
It is a completely different matter if the shooting is carried out under the terms of TFP (Time for Print), i.e. as a result of this shooting, none of the artists receive a monetary reward and participate in the shooting solely to add to their own portfolio. In this case, the rights to the photos are equally owned by both the photographer and the model. It is specifically stipulated that no one has the right to use these photos for commercial purposes without the additional permission of the other participants in the shooting.
It should be noted that models and photographers often neglect to sign a model release when shooting on TFP terms. It is not uncommon for models to demand that the photographer delete the results of the shoot after they are published, and without a release, the photographer has no right to keep them for their portfolio. As a result, the shoot becomes a waste of time for some participants.
Additionally, it is important for the model and photographer to carefully discuss any modifications to the photos in the model release. Is it possible to perform deep retouching of photos (which can change the model's face and figure beyond recognition), crop the photos (only certain parts of the body may be shown), and so on? All of these issues should be discussed and agreed upon by the parties in advance, and they should be clearly stated in the agreement.
In conclusion, we would like to offer you several model releases that are widely available on the Internet and are fully suitable for use: