If you are a filmmaker or photographer working with models, actors, public figures or any type of talent, a model release form is needed for legal protection to distribute your work. Depending on the shoot, it could be a simple document or may need to include more complicated legal terms. In this article, we’ll take you through the different types of model release forms, when you’ll need a model release agreement, and what should be included.
For a comprehensive model release, access our fully customizable template below.
Use our model release form template to create an agreement to use your model's image and likeness for your next photoshoot.
Use our model release form template to create an agreement to use your model's image and likeness for your next photoshoot.
Use our model release form template to create an agreement to use your model's image and likeness for your next photoshoot.
A model release form establishes a contract between photographer and model by defining how and where photographs may be used for commercial purposes. This protects both parties. The model is protected by agreeing to how their image is used and the photographer has legal permission to license the model’s image.
A model release contract is all about privacy. There are state laws on legal rights to privacy, therefore a photography business can’t simply benefit from using a person’s likeness. The exception is if a photo was taken in a public place where there really isn’t an expectation of privacy.
However, here’s a disclaimer regarding street photography; A photographer should be careful because some seemingly public places, including shopping malls, theaters, amusement parks, airplanes, trains, building lobbies and hotels, for example, are private. Since the legal definition of “reasonable expectation of privacy” can be arguable, whenever you can, it’s best to get a model release.
To truly understand privacy rights, publicity rights and copyright, visit the Library of Congress which has an excellent page.
In the case where a photographer is hiring a model, the relationship to the subject is clear and a model release is essential. The best way to think of the model release is as a written form of consent to use the photographs in agreed-upon public uses. It accomplishes two main goals:
With these two conditions in writing, the photographer owns not just the copyright, but also the right to publish the photos.
It’s easy to find free model release form templates, but an important aspect to consider with any model release form is that the release meets the requirements for your specific situation. Since a contract is a legal document, depending on the scope of your project you may want to consult a lawyer for legal advice to make sure all your needs are covered. However, here is what would generally be found in a model release form template:
The type of shoot will determine what kind of model release form you’ll need for production. Here are some common forms and templates.
Assemble reached out to LA based photographer Brian To, who shoots fashion, beauty, editorial, headshots, advertising, fitness, and celebrity event photography to provide a simple model release template.
"I took the advice of a pretty famous photographer a long time ago who said to keep the model release straightforward and simple, so people you shoot are not scared of any complex hard-to-understand legal language.”
As Brian’s template illustrates, the model release form does not need to be overly complicated, but if your particular shoot has any special considerations, those should be included and addressed. For example:
As Brian’s template illustrates, the model release form does not need to be overly complicated, but if your particular shoot has any special considerations, those should be included and addressed. For example:
Going beyond the simple photography model release form, Assemble created a free comprehensive version. In this model release form for photographers, you’ll find detailed language that offers protection for these key concerns.
To download this model release, please see the Model Contract for a Photo Shoot link above.
Since boudoir photography is a photographic style that features intimate or sometimes erotic images of its subjects, it’s imperative that language is added to a regular model release form that states the model or client is willingly participating in a boudoir photo shoot and understands that it may or may not include partial nudity, implied nudity, or even full nudity.
Given the sensitive nature of the photographs, being very clear on the intention and distribution of the photos will protect the photographer from legal liability. In general, boudoir photography will have three types of model releases.
Just as with a standard photo release form, should your shoot include video footage, you’ll want an adaptation to a photo and video release form. This photography and video release form should include language that grants permission to distribute the video footage for commercial use or for promotion, presentation or advertisement of the photographer's work, and is often called a talent release form.
Taking photographs is a business. Professional photographers need to protect their copyright and their ability to distribute their work. It’s best to handle all the paperwork in advance of the shoot. You can start with a template, but add layers of protections that are unique to each assignment. The key is to be organized, preferably with a cloud based management system so that on the day of the shoot the focus is solely on the creative side of the work.
A photo copyright release is an authorization to copy, distribute, or otherwise use specified copyrighted photos at will. This authorization is given by the owner of these images (the “releasor”) to another person (the “releasee”). The length of the usage is negotiated, unless stated that it is in perpetuity, in which case the model release does not expire.
A model release form protects both the photographer and the model. With a model release form, there is a written document that grants the photographer permission for a subject’s image to be used for commercial use, and the model has agreed upon defined terms of what can be used.
You are not required by law to have a witness, but it is advisable to have a third party (which can be another model at the session) sign the document. The signature of a witness offers reassurance to a prospective buyer who may feel the release is more secure by virtue of being witnessed by a third party.
A model release protects the photographer and a photography release protects the model. A photography release form is sometimes called a photo release or print release. Whereas a model release gives the photographer ownership and the ability to distribute the image, a photographer release protects the client or model. If the client is a well known celebrity for example and hires the photographer for the photo shoot, the celebrity can stipulate where the photographer is allowed to display the photograph.