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How to Understand a Model Release Form

Photographers or agencies must obtain model release forms when they shoot photographs for advertising and commercial purposes. They must also obtain release forms for shoots involving minors or nudity. Release forms aren't required for non-commercial shoots, such as when obtaining photographs for educational institutions, non-profit organizations or photojournalism. When you sign a model release form, you're signing a legal document. By properly reading model release forms, the parties involved should understand which photographic usages the forms grant and restrict.

Instructions

    • 1

      Understand model release forms from the legal standpoint of ownership. Without a release form, the model depicted, the photographer, or the photographer's employer could all potentially claim ownership of a particular photographic image. A model release form assigns ownership and usage rights to a particular party ("owner").

    • 2

      Examine which rights the model agrees to waive when signing a release. These rights include, but are not limited to: the ability to view images prior to release, the ability to state where the images will be used, the length of time during which the images can be used, and whether digital alteration of the images is permissible. By signing the release, the model is agreeing to hold the owner of the photographs harmless for damages caused by use of the photographs, as long as those uses don't violate any term stated in the release. (ref 3)

    • 3

      Search for clauses that list advertisements and publications in which photographs may appear. If the release states that the photos can only appear in certain advertisements or publications, they cannot be used for any other purposes, unless a new release is signed.

    • 4

      Look for any time restrictions imposed by the release. A five-year contract means that the owner has rights to the photograph for five years, while phrases such as "perpetual" mean the owner obtains rights to the image forever. With time-restricted release forms, a new release must be signed if the photographer wishes to use a photograph beyond the specified duration.

    • 5

      Read to ensure that the release addresses agreed upon financial compensation. If the release states that the model waives ownership rights, but does not address payment, a model cannot claim payment at a later date. If payment is offered, the model must receive payment before the owner can use the images.

    • 6

      Identify clauses that specifically allow or restrict the use of digital alteration. Digital alteration can be as simple as cleaning up a few blemishes or as complex as putting a model's head on a donkey's body. The release will state which, if any, types of digital alteration are permissible.

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