Model Releases & Contracts: Sign Here Please

Model Releases & Contracts: Sign Here Please

"Suddenly I had a contract and I was earning lots of money." - Diane Cilento

     OK, maybe signing a model release won't guarantee a massive income immediately, but it can be the beginning of a valuable professional relationship in which you could earn money for your work. Some may say that a model release isn't necessary for certain shoots, and though that may be legally true, it's not always the best idea. Here's some points to consider and answers to common questions...


* A model release is not always required
* A model release can protect both the photographer and the model
* A contract can ensure payment to the model
* A contract can help to add structure a photo shoot
* Some people feel uncomfortable signing model releases
* A model release may give the photographer a legal right to use the photo in a way the model doesn't approve of later on.


What happens when...

* What happens when there's a mutual agreement to change the terms of the original contract?

     As long as there are signatures from both parties, an addendum to the original contract should be perfectly acceptable. Of course, this would only be necessary after the original contract was in play and found to be unsatisfactory.

* What happens when there's a disagreement about the terms of the contract?

     Work together, and look for ways to compromise on the terms. Some items may be easier to change than others, and some "can't" be changed.


* What happens when the model refuses to sign a model release?

     This depends on what your doing. If it's some random person on the street that you snapped a candid shot of, don't worry about it. You don't need a release to take photos. However, you may be photographing a bikini model in some provocative poses with the intent to sell them to a calandar making company. This is a situation where you'd really be better off getting a release. If the other party is hesitant to sign the release, try discussing the terms of the release until you find an agreement. If that doesn't work, and they refuse to sign a release, have a friend witness the situation at hand so that they can confirm your story should the situation get nasty in a legal manner down the road.


What does the contract cover?
     Most simple contracts will just briefly cover the basics, so as to keep everyone out of trouble. The longer more complex contracts, usually signed by professional super models, cover lots of very detailed scenarios and give little slack to either photographer or model. Here's a few things you'll find in a basic contract:

1. Compensation: Your trade or compensation agreement, also know as consideration.
This is where payment for the model is listed and explained. It may be as simple as a single print, or it could be $10,000. It depends on who's involved and how the photos are to be modified and used.

2. Permissions: The photographer has permission to edit & modify the photos as they see fit.
If your a new model, and not paying the photog, be prepared to accept the images however they may be presented. Unless you request something and they agree, your pretty much going to get whatever they think looks good. And it may not look very good.

3. Poses: The poses that were used during the photo shoot were entered into willingly by the model.
This is an important one to remember during the photo shoot. A photographer should never force, convince, coerce, or trick a model into any pose that could be viewed as inappropriate or dangerous by the model, their representatives or guardians. When in doubt, politely ask if they'd be OK with a pose, and if they say no or say nothing at all, then let it go and move on. Especially for beginners in both modeling and photography, an "appropriate" or "inappropriate" pose may be hard to judge at first. But as with many things, time and experience can be great teachers.

4. Usage: The photographer may use the photos in any way they want.
Essentially, a photographer is just trying to clear the path for gallery showings, art shows, web galleries, prints, and the like. In some contracts, it may specify that the images are not to be used commercially or sold without permission and that could apply to both parties. If you see a clause like this in the contract, of course read it over carefully and ask questions, but it's mostly likely written with good intentions and you'll likely find it in all model releases.

5. Liability waivers: The photographer is held blameless for photo modifications, damage/theft of personal property, injury, etc.
This one sounds like the model is signing there reputation and good health away, but again, it's just a way for the photographer to steer clear of trouble when the model doesn't like the way an image was edited, or trips on the threshold of the studio doorway and gets hurt. It's a safety net for unreasonable claims or accusations. Legitimate claims of intentional malice would likely not be affected by a release form, at least not in a courtroom. A judge can tell when someone is lying, whether it's the photographer or the model.

6. Signatures: Confirming the model's age and signing on the dotted line.
This is where the contract will confirm that the model is of legal age to be photographed & signing contracts without the permission of a parent or guardian. If the model is not legally allowed to sign a contract on their own, then do not proceed with the photoshoot until a parent or guardian is present! Or even cancel the whole shoot if necessary. The legal trouble involved with photographing a minor and using those images without a release is definitely something you don't want to be involved with. Always ask for and check IDs also. Once you have your legal ducks in a row, have two copies of the release ready. Sign both, and have the model sign both; then you each get a copy for your records.



What should be offered in a trade contract?
     It depends on how many pictures are being made, the expectations of the model, the cost of prints, cost of clothes, etc. If the shoot is 200 pictures, you might end with 10 really nice and unique images that are print ready. A print could cost anywhere from $1.00 to $20.00 each depending on where they come from, so 5 - 10 prints should be acceptable. If the model is given the option to keep clothing items from the shoot, then how much they keep may depend on how much the items cost you. Is their time worth a $20 scarf or a $300 jacket?

What if the model or photographer wants to sell an image?
     This is something that will be covered in most every model release, and it's very important. Since the photographer is the owner of the images, than their photos should not be sold without prior permission. However, the images bear the likeness of the model, so they should not be sold without the models permission either. So, for most starting photographers and anyone doing a trade shoot, it's best to have a clause in the release that states neither party can sell an image without prior consent from the other.

When is a release not required?
     This is sometimes a gray area, as there are general rules to follow, but they don't apply in certain circumstances. For example, a photographer can photograph a man riding his bicycle down the street with or without the man knowing that a photo has been made. He's in a public place, and photographers have a lot of freedom to take pictures in public places. No release required. Let's say you hang the picture in your gallery to display your work...no release required. Let's say you sell a print of the image to someone who hangs it in their house... still no release required. However, if you were to sell the image and it's licensing / copyright to a magazine, and they wanted to put the image in a magazine ad, then.... THEY need to acquire a release. THEY have to track the guy down and get him to sign THEIR contract. All you did was take a picture and sell it, and a release isn't required to do that.
     If your traveling across the country and take a photo of someone's run down house and print it out life size to hang in your office, no release required. If your photographing a local model so that the two of you can gain more experience, and your intention is to post the pictures in an on-line gallery, a model release may not actually be necessary, however, being that your mostly strangers, and you want to cover your bases, it would be best to have them sign a release with the 6 basic points covered above.



     I wish I had more time to write about this right now, but... well, I don't. However, I've discovered a website that discusses this topic in far greater detail than I could ever dream to be able to and I think you'll find it to be a great read. As always, thanks for reading, and please feel obligated to share this via the cute little icon thingies below!





Full disclaimer: I am not a lawyer, nor do I claim to have any accurate knowledge of how the law works in regards to model releases. The above article is meant for general discussion purposes only, and you should not take any of it as legal counsel. For more information about model releases, please click on the links below, and if you have questions about the laws regarding model releases, well, go talk to a lawyer.




Links:

Dan Heller
ASMP
BetterPhoto
DPS