A model release document gives photographers the right to publish photos of other properties or people. The length of the document can range from a paragraph to an entire contract with complex terms and conditions, providing both parties with detailed information about their rights and the consequences of breaching the contract. The details and complexity of the contract depend on what you and the other parties have agreed upon. This article will unpack model release forms, their benefits and when you should use one as a photographer.
What is a Model Release Form?
A model release form is a written document whereby the model releases the photographer against claims for the use of the photograph. This includes any claims the model may have to future compensation. It should outline what you can and cannot do with the images. This will protect:
- you;
- your client; and
- those you are photographing.
Using this form ensures that the model cannot claim ownership of the images. The form can be part of your contract with the model or as a separate document. This form is generally a short, one-page document, but this can differ depending on the photographer and the project.
If you decide to use a model release form, you should have it completed and signed before the photography session occurs. This saves time and money if they refuse to sign. However, depending on the terms of the release, it will probably still be effective if they sign it after the shoot. Importantly, remember to keep the form safe. You may need to present it if another party asks for it when you want to use or sell your photograph.
Why is a Model Release Form Important?
In order to ensure that both parties clearly understand the intended uses of the photos, it is important to have a model release form in writing. Relying on someone’s verbal promise is not sufficient as someone might change their mind. Alternatively, there could be a misunderstanding about the intended use of the photographs. A court is also less likely to rely on any verbal promises, especially if the other party is alleging you are using their photos without their express permission.
Continue reading this article below the formIs it Compulsory to Use a Model Release?
There is no legal requirement to use a model release form in Australia. However, it will set out your legal rights and lower your risk of any unexpected and unwanted repercussions.
If you are planning on selling or leasing a photo, such as:
- a magazine;
- a website;
- a catalogue;
- advertising; or
- otherwise;
you should get a model release form from each person you photograph.
When deciding whether to use this form, consider how you will utilise the photograph. If you are publishing photos of people on social media, a model release form is necessary only if your post advertises your services. If your photographs include children and you plan to use the images for commercial purposes, such as advertising, you should use a model release form. The child’s parent or guardian will sign on behalf of the child.
Further, think about your method of photography, as certain consent rules will apply to different kinds of photographs.
If you are not sure whether you will use your photographs for commercial purposes, such as advertising, it is best to get a model release form. This is because it will allow you to use it for those purposes if you decide to later on. Additionally, it will be a lot easier to obtain the release at the time of the shoot.
Privacy Issues
There are also privacy issues that you must consider. You will collect ‘personal information’ for the Privacy Act 1988 (Cth) in your model release form. Therefore, you should include a privacy collection notice in your model release form that sets out why you are collecting any personal information and refers to your privacy policy.
What if the Model or Person is Famous?
In some cases, celebrities have even less of a right to privacy. However, the same rule will usually apply:
- if you are providing the photo to a local paper or online columnist as part of a story, you will not need a model release; or
- if you are using the photo in advertisements for a business, you will need one.
The Australian Government is changing the law to protect consumer privacy after a series of high-profile data breaches and to bring the law into line with the safer and more protective laws in other regions. This fact sheet outlines what is expected in 2024.
Key Takeaways
A model release form offers contractual protection for photographers from incurring any claims for the use of their images. Whilst it is not always legally required, it is often a good idea to obtain one to ensure you own your images and that you have no further obligations to get consent for the use of the images or to pay any fees.
If you have any questions about drafting a model release form, our experienced contract lawyers can assist 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.
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