As a photographer, you might work with models, snapping multiple shots and realising that you will not use everyone. You might not find the perfect moment to use a particular photograph for years.
As time goes on, the model might forget about the photo shoot, and any agreements made might become unclear. If you decide to use the model’s pictures and they go viral, the model could come back with many questions:
- when were these pictures taken;
- was I paid for this work; and
- do these pictures even belong to the photographer?
To avoid such a situation, it is essential to have a clear understanding and arrangement with your model. This article will explain why photographers should use model release forms.
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Case Study
A recent story involves the band Vampire Weekend and a model release, or rather, the model who did not provide her release.
The girl in this photo is Kirsten Anne Kennis, or at least she was Kirsten Anne Kennis in 1983. In 2009, Kennis’ teenage daughter spotted her mum’s face on the cover of Vampire Weekend’s Contra album. Kennis, now in her late 50s, was surprised to be the face of the indie-rock band’s album.
The photograph was a Polaroid, and Kennis could not recall posing for it. Photographers routinely took these Polaroids of applicants at everyday casting calls in New York at the time. The photographer, Tod Brody, sold it to the band, claiming he took it at a casting call for models for a TV commercial, and the model had signed a release for its use by him.
Kennis denied this, stating that even as a young model in her early 20s, she knew about her rights to her image and refused to sign any releases, even for the Polaroids taken at such events.
Kennis did not appreciate her image being used without her permission. In 2010, she sued Vampire Weekend, their label XL Records, and the photographer, Tod Brody, seeking $2 million in damages. Kennis relied on the significantly greater protections in this area afforded to US celebrities compared to Australian celebrities.
The plot thickened when the photographer produced a model release form, apparently signed by ‘Kristen Johnson’ dated July 2009, to support his version of events. He had crossed out and rewritten the date. Suspiciously, the form claimed to license the ex-model’s image to Vampire Weekend for a fee of $1.00.
What Do You Need in a Model Release Form?
Even though the example had suspiciously rewritten dates, it still shows how important it is to have a model release form that clearly states the following:
- who the parties are (i.e. who the model and the photographer are);
- what you can or cannot do with the photographs (for example, you may want to establish that you can sell these photographs to a magazine or you can edit the photographs); and
- who owns the rights to the photographs?
The model releases you against all claims for the use of the photograph, including any claims the model may have to future compensation. You may decide to include additional reasonable conditions for your model.
Continue reading this article below the formWhen Should You Sign the Model Release?
You should have your model sign the model release form before taking any pictures. This allows your model to read and understand the agreement.
Importantly, if you are working with a minor or a dependent, you will need to get the signature and consent from the model’s parents or caregiver.
Key Takeaways
As a photographer, it is crucial to safeguard your reputation from the get-go. Just like you carefully select your favourite camera lenses and lighting gear for your kit, having a model release form is essential. Ensure that each model signs a comprehensive release form granting permission for future commercial use and absolving you of liability for any mishaps during the shoot.
Avoid the temptation to fabricate releases or forge signatures afterwards, as this will tarnish your reputation. If you’re seeking images from photographers for commercial use, make sure they’re from reputable sources with full usage rights.
If you have any questions about 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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