If you are taking photos of models for your business and want to use the images for advertising, you should have a model release agreement that sets out the photo shoot’s terms and conditions. Your model release should be signed by the model before the photo shoot takes place. This ensures your models read and agree to the terms of the arrangement (such as ownership of the images and how they will be used). This article outlines what a model release is and what you should include in yours if you want to use the images for your business, including for advertising.
Are You Engaging an External Photographer?
If you are contracting with a third-party photographer to take photos of the models, you should ensure that your contractor agreement includes a clear clause that assigns all copyright and related rights in the images to you. In most situations, the photographer, as the creator of the photograph, will own the copyright in the photograph upon its creation. Unless you have a clear assignment of the copyright in writing, you will not own the photograph.
Having an assignment of the rights in the photograph means that you have the reassurance that you can use the images for your business without the photographer claiming that they own the rights to the images. It is important to note that an assignment of copyright must be in writing and cannot be oral.
You should ensure your employment agreement includes an assignment of all intellectual property rights created during the employee’s employment. In both situations, however, you must ensure that you have a clear model release agreement ready to be signed.
Signing the Model Release
You should include a signature block at the end of your model release. Avoid taking photos of the model until they return the signed copy of the model release to you. Additionally, ensure that you keep a copy of the signed document. If the model signs the model release before the photo shoot, it will be harder for them to claim that they did not consent to you taking the images or have rights to any future benefit derived from advertising the images.
Continue reading this article below the formWhat if the Models Are Under 18?
You can still use a model release if your models are under 18. However, a parent or carer with authorisation to provide such consent must sign the model release on behalf of the child. In certain states of Australia, consent can be harder to obtain. As such, you should obtain legal advice depending on the situation.
What Should I Include in My Model Release?
Your model release must outline the key terms of the photo shoot and should:
- make it abundantly clear that you own all rights in the images (including copyright);
- state how you intend to use the images (this could be for publishing on your website and social media platforms, for advertising, as promotional material, or for publishing in flyers);
- state that you reserve the right to alter the images (if you intend on altering the photos); and
- make it clear that the model has no right to view the images or approve them before they are published.
If you are paying your model or giving them a gift, your model release should include the benefit amount. Furthermore, it should clearly state that the model has no right to additional payments or benefits. This includes royalties or any revenue derived from publishing the images.
Confidential Information
If your model is advertising products or services not yet released by your business, you may want to include a confidentiality clause in your model release.
If the model breaches the confidentiality obligation, you may have recourse against them for breach of contract.
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Key Takeaways
If you want to take images of models to advertise goods or services your business provides, you should ensure that you have a clear model release document in place. This should set out the terms and conditions of the photoshoot. It should also establish key terms, including:
- ownership in the images;
- payment or benefit for the photo shoot; and
- how you intend to use the images.
The model should sign the release document before the photoshoot. This will ensure that there are no misunderstandings about the terms of the arrangement. Additionally, it may prevent future claims by a model to any revenue derived from the advertisement.
If you have any questions about using photos from a photo shoot, our experienced intellectual property lawyers can help as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
A model release is an agreement between a model and a business that engages the model. It establishes the terms of the photo shoot, how the images will be used, intellectual property and any payment or reimbursement.
Yes, you can use a model release for models of any age. If the model is under the age of 18, you will need to obtain the signature of their parent or authorised legal guardian.
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