I am no legal professional
but I study it to ensure I have all my legal processes in check. So for those
models and photographers who do not know or have a model release (as a
photographer) this blog post could help.
Official
Definition
"A
model release, known in similar contexts as a liability waiver, is a legal
release typically signed by the subject of a photograph granting permission to
publish the photograph in one form or another."
Basically
a model release is you as the model, you sign away your individual unique likenesses
that were photographed that day and production to the company/person
(generally photographer) to have full or whatever amount of ownership to the
rights of the photos created (generally its 100%).
A
likeness is basically your face as it is generally very unique to 1 individual.
This could mean other things to when you have a brand like Hulk Hogan's
likenesses is also performing a certain signature moveset like the leg drop, or
wearing yellow & red clothing in the wrestling ring.
The
reasoning behind to signing a model release as a model is purely because you
are being paid by a client (generally a photographer or agency), because it
gives them (the copyright owners) to have power to use for whatever reasons
that were mentioned on the model release contract. So they can resell the
images for prints, licensing, advertising their own business or advertising
another business, anything, but again depending the contract. You may be
allowed to redact the contract, but you are also risking on not being paid for
that day, so if you want to risk this I strongly recommend asking the
photographer/client to send a copy of the model release to your email (as a
model) for your can review and if needed edit/redact or add some restrictions
of your own onto the contract which many models have issues of their images
being used for adult websites. Clearly place this restriction
in legible handwritten onto the model release and if signed
by the photographer (which you'll need a copy of with this edit and their
signature to be a valid release).
Of
course other reasons are considered to being hired as a model such as your
looks, your skills, and of course professionalism which is mentioned in this
similar blog post I posted a while back.
Some
photographers have model releases designed for trade/test shoots where they are
not paid by the model or anyone else (or paid very minimal) and may agree to
give you 10-15% of commission if sold/sales come in on the photo. I know right
now I have 10-20% on trade/test shoots.
As
for photographers its simple and straight to the point, if you don't have a
model release there is a very strong chance that whole shoot you shot is gone
or can be gone with a simple say of the model saying "don't use my
photos" or "remove my photos". This could cost a ton of money if
you do not have the model sign a model release. Either both straight cost of
production and/or potential earning you'd lose from the photos. So keep that in
mind when shooting with a person. If its a client then I'd add this clause to
your terms of service but I'd still get permission from the client(s).
I'll post some sample model releases of my model releases I use, which you may use and just edit out my name/companies and add yours but most of mine are generic.
Check out more similar blog posts about model and photographer tips here.
No comments:
Post a Comment