Does a professional photographer really need a model photo release  form?  How does it protect the model?  Are there times when releases aren’t necessary?  How do you know?

Professional Photographers today are finding both legal protection as well as clarity with use of model photo release forms.  Such forms state the purpose for which a model’s images will be used and where they will be placed.  Her signature gives the requisite permission to the photographer.  Neither party can misunderstand what is explicitly stated.  The release becomes a guideline for how the photographer will handle the pictures.

A lot of images are uploaded daily to internet web sites, and the release becomes especially important.  Surprises are great at Christmas and birthdays; they are not great when a model clicks on a web site and sees pictures of herself that she didn’t know would appear.  A generic statement in the release that includes all possible media and venues eliminates the surprise element.  The model photo release form makes clear the photographer is in charge of where the images will be placed.

Models pose for commercial shots daily.  Their images will appear in printed advertisements, brochures and posters advertising a product or service, any product that will be ultimately sold to the public, and any eCommerce sites (such as photography), to name a few.  We are not aware of litigation surrounding permission or lack thereof for use of photos.  However, we believe obtaining written permission from models to use photographs of them is good insurance.  Potential legal hassles can be avoided fairly easily if a model release form is standard operating procedure.

Non-commercial uses of pictures of models poses another set of questions.  If we look at photo journalism for example, we see photos being used in articles that are sold for a photographer’s profit.  If photos become a story that is sold to a magazine or newspaper or ezine, is a release necessary, especially if one or more photos feature a person?  The owner of the story is making a profit from the sale of the article/pictures.  Does the person featured have a proprietary interest in the pictures?

We believe a case can be made for being respectful and having consideration for others, especially when their images are being used for the benefit of another.  This probably isn’t a legal matter as much as it is just treating people with respect, whether it’s a professional model or a passerby on the street that you catch at just the right time for a spectacular photo.

Securing permission is wise even when you photograph strangers.  Most professional photographers keep digital files of their work for use in the unknown future.  Such use may include commercial projects that weren’t defined at the time the shot was taken.  File shots that may be perfect for commercial use later will need release forms; otherwise, their commercial value is nil.  Obtaining that permission at the time the photo is taken allows for limitless possibilities in the future.

Model Photo Release is a post from: MandarichModels.com that specialize in Boudoir Photography, Glamour Photography, and Fitness Photography

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