If you're seriously interested in knowing about model releases, you need to think beyond the basics. This informative article takes a closer look at things you need to know about why photographers need model releases.
What the heck is a model release?
I am asked over and over again what a model release is and why models are required to sign them. I want to first express that I am not an attorney and have no intention of giving you legal advice about the state and international laws surrounding model releases. If you are really caught up in whether a model release is a legal contract and you plan to cross every "t" then I would suggest that you consult with a good contract lawyer.
With that said, here is a basic explanation of what a model release is.
In short, a model release is a form of legal document that assigns the right to the photograph to a particular person or entity (such as a privately owned building, animals or any other property owned by another person or corporation).
Any published image that is taken for commercial use (except in the case of most editorial work) must have a signed model release along with it before it can published. Your photographer will almost always ask you to sign a model release either before or after the shoot.
Since a model release will almost always be required for you to work with a professional photographer, it's a good idea to familiarize yourself with the different types of releases and when they will be used.
When is a model release necessary?
There are many times when a model release is not required. Examples ...
- Taking personal snapshots of your friends and family
- Shooting a picture of your house or business for your own advertising, etc.
- Paying a photographer for personal photos of yourself which you only will be using such as high school senior pictures or a family portrait (Sometimes a photographer will ask for a release to show these also but it is generally not required)
- If you are in the middle of a news story and your photograph is used in the local newspaper or on national TV.
But none of the above has anything to do with being a professional girl photographers model.
So, when are you required to sign a release?
Anytime you are being paid for your modeling services no matter if the payment is in money or you are trading your talents for photographer services (explained further below) you will be asked to sign a model release 99% of the time. As a professional model the release will become a fact of life to you.
What you should ask the photographer before signing a model release
First, you should have already done your homework before the subject of the release is brought up. If you have already conducted your research for that particular photographer or he / she is a well-known, published professional, then you can feel more at ease in most cases when it comes to the model release.
If you are not familiar with the photographer, check some references first.
You should ask your photographer some simple questions before signing a model release but the main one is ...
How will my images be used?
There are many reasons photographers need model pictures including ...
- To show in his or her portfolio
- To show on an online portfolio (Internet)
- To sell to magazines or newspapers for editorial usage
- To use for clients in advertising situations (i.e. As a photo on a product, etc.)
Many of these questions about usage will be answered when you apply to work with the photographer but if not, it's a good idea to find out the intent.
If you base what you do on inaccurate information, you might be unpleasantly surprised by the consequences. Make sure you get the whole model release story from informed sources.
Model release types
There are basically two types of model releases; adult and minor.
The adult release is signed by the model if he or she is over 18 years old.
The minor model release, on the other hand, is for any photographers model under the age of 18 and must be signed by a legal parent or guardian. No one else has legal right to sign this release and in most cases the photographer will ask for an I.D. like a license or birth certificate.
If you are a minor, even if you are one month away from becoming 18 years old, don't try to present yourself as 18 and go to a model shoot. It will only cause problems and you will come away with no photos and a bad reference from that photographer. Get permission and have one of your parents come with you to the photo session.
What about tfp and photo exchange?
Just as in a paid photo session, a model release will be required in tfp and photo exchange situations.
If you are not familiar with these terms, here is an explanation below ...
Time for print (tfp / tfcd)
Many photographers will work with you on a trade after you have acquired professional photos to show. This time for print (tfp) or time for cd (tfcd) is an effective way to gain images to add to your emerging portfolio.
A TFP / TFCD photo session is fairly basic. You trade your time and talent for the photographer's time and talent. You get images for your book and she gets images for her book. It's a win-win situation for both of you and a terrific way to add to your model portfolio.
If you work with six to ten photographers using this system you will end up with an awesome portfolio!
But, be sure to follow the same guidelines and safety rules you would with a paid model shoot. Don't go just because it's free. There are some people out there you just wouldn't want to deal with.
Do you sign a model release when working on tfp? Absolutely! I don't know of a single professional photographer who will work tfp without getting a model release signed.
Photo Exchange
A photo exchange session is similar to TFP except that it's more geared toward the photographer using your images for commercial or editorial use. This method is used mainly by stock photographers to trade with models since they do not normally need photos for their portfolio.
Two types of stock photographs are rights managed and royalty free.
Royalty Free Stock
Royalty free are images listed for sale for unlimited use by the client which means the image is sold to the buyer and the buyer can use or alter the photo in any way he or she likes. Choose your photographer carefully when shooting for royalty free stock photos because he will not have much control over where the images will be displayed.
Model release required? Simply yes!
Rights Managed Stock
Rights managed means a photo is licensed for a specific use over a certain period of time to magazines, newspapers, ad agencies, etc.
It is still stock photography but the image maker has a little more control over where and how the images will be used.
The plus side to stock photography is that you may do a photo exchange model session, open up your favorite magazine one day, and there you are!! Quite exciting, isn't it? And, a published stock photographer can give you some well-planned, unique photos whether you do commercial, fashion, glamour or female form photography.
All this came from your signing a model release. Not a bad tradeoff!
One more thing about Free Model Shoots
Other than free photos and exposure in a national magazine (maybe), another advantage of posing for a published photographer is experience. The photo exchange or tfp sessions will help you to develop your skills as a model and experienced professional photographers can be invaluable in helping with your look, posing ideas and more. So, don't discount the power of free model sessions!
In the case of female form photography or artistic nude photography
So far, we have covered model releases for fashion, glamour and commercial modeling. But, what if you are planning to do artistic nude or female form photography where you will be showing a little more of your "assets"? No professional photographer will shoot this type of work without a model release. If he says you can pose for him in compromising positions without a release, be wary and check more than one reference. My advice is not to shoot with a photographer who doesn't want a model release. He is probably inexperienced and not someone you want to do figure modeling for, or any other model for that matter.
Where can I find an example of a model release?
You can find many websites online who have sample model releases. Go to sites like www.bobpardue.com/model/school/model-release-sample.htm to find a sample of a stock model release.
Now that you know all about model releases (almost) you are ready to enter the wonderful world of modeling. Reach for your dream and be educated about model releases so that you won't be held back because of the fear of signing a paper. Go for it!
Now that wasn't hard at all, was it? And you've earned a wealth of knowledge, just from taking some time to study an expert's word on model releases.
