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Model release as a portrait photographer
Just about to launch a photo business venture and got a few legal questions. Hoping someone here could help shed some light on this. I will be offering portrait photography and would like to ask my clients to sign a model release so I can potentially use their photos on my website or in other promo items, flyers etc. I am a little unsure about that practice since this is not a scenario where I pay a professional model for a shoot but the opposite where people come to me to be photographed. Also in the model release agreement should I use my name or the name of my photo company (which is different in my case) thanks! MB Mar 03 15 11:16 am Link Not that great of a place for legal advice. There are many threads on this subject, including two going on now. Not specifically your issue, though. My non-legal opinion. If you want to use it, get a release. Then they know your intentions and you have evidence that they agreed. I have no idea what the law is where you are. Use both your business name and your personal name. Using the business name could depend on the laws in your country. Are you incorporated, or a sole proprietor? Even as a corporation, you may have to have an officer of the company sign a real name. You should also consider having "and your heirs and assigns" or some other type language that permits you to sell your rights. I strongly suggest wise and adequate leagal counsel on this. Also, if you are working under a pseudonym, your copyright rights can change. They do in the U.S., anyway. Again: seek counsel. check this: https://www.modelmayhem.com/forums/post/941725 https://www.modelmayhem.com/forums/post/941216 and here https://www.modelmayhem.com/education/c … hotography Good luck with your new business! Mar 03 15 02:24 pm Link Many successful portrait studios have their clients sign a contract before the shoot. In that contract, there is usually a provision giving the studio permission to use their image in the studio's advertising, promotion and hanging prints in the waiting room of the studio. This is a practice that has been around for many years. As is human nature, most people don't bother to read the fine print in a contract. They just want to get their portrait taken, and get it over with. KM Mar 03 15 02:36 pm Link Ken Marcus Studios wrote: How true this is! Mar 03 15 04:51 pm Link Ken Marcus Studios wrote: This. Mar 03 15 04:58 pm Link There are two ways to look at this. 1. It is certainly a good thing to be able to show examples of your work so that others will want to hire you; and 2. Not everyone is going to want to be on your website Therein lies the problem. If you compel clients to sign a release to hire you, you will inevitably lose some. Others will be flattered and will gladly do it. Likewise, I disagree with Ken a bit on this one. There have been a number of lawsuits over the years for the practice you are talking about, i.e. specifically including a release in the contract with you. The issue that has come up has been consideration. In other words, what has the client received in return for giving you consent to use their likeness. Basically, there is no doubt they have given the consent. What they have tried to do is to revoke the consent. It is complicated. What some of the large portrait studios have done is to offer a written discount (or buy back) to the client to allow the use of their likeness. In other words, the price is "X," but if you allow us to use an image, we will buy it back for "Y" meaning that you get a discount. That creates explicit consideration and makes the release revocable. It also makes the decision voluntary. Clients are free to say "no." You no longer force a client to let you use their picture to work with you. Instead you give them an incentive, in the form of a discount. This is something to look at and consider. That having been said, I know of a number of photographers that require a release. It is just something to look at from both points of view. Personally, I never require a client to sign a release for me to shoot them. I don't do any family portraits, but I often do corporate portraits. I also do boudoir and portfolio work. Nearly all corporate and portfolio clients are happy to offer a release in return for a discount. Perhaps a third of my boudoir clients will do the same. Confidentiality is part of the service. Mar 03 15 05:10 pm Link Thanks everyone. Well I would not force anyone to sign a release! I would still ask permission and inform a client I'd like to use one of their photos on my website or on flyers even if they've signed a release, as courtesy. Like you said some may be flattered some won't be comfortable with this. Not looking at making enemies! Mar 03 15 09:31 pm Link agree with a lot of the posts but....error on the side of caution....and the shoot and its use...for your protection of your images and you using images....so if you pay a model, get a release giving you exclusive rights, no issue for you..if you do a shoot and use an image for other than agreed use...problem may come up in the future...reality...how good is the image for your use and what would happen if it was so good that someone used it and you had no recourse...just some thoughts...Mo Mar 03 15 10:08 pm Link Marc Baril wrote: If you sell the company, do you still want to use the images? Are you the sole owner? Those are the questions you should ask yourself. Mar 05 15 11:03 am Link Ken Marcus Studios wrote: +1 Disclaimer: I am not an expert, nor do I claim to be. Anyone who questions the weight of my opinion(s) is free to validate my words based upon their review of my work (website) – which may/may not be supportive. Mar 06 15 08:02 pm Link You should not use a model release for that purpose. The client will see you making a ton of money, selling their photos to advertisers. Use a permission to display form, that you can incorporate into your sales form, and simply states, that you ask for their permission to use the images for display purposes, (but not to sell to advertisers.) It will be much more readily accepted, and while it can be withdrawn, upon notice to do so, most people never do so. Don't expect that to work on clients that want revealing images done, however. Those you will likely have to get a model release from, and pay a cash fee for the release, to make it binding. Mar 07 15 10:42 am Link |
You would be wise to have a well-written contract for a standard (regfular) service you offer which includes something to this effect, then hire a lawyer to proof it and make sure you're 100% legally protected. (as much as they can, given the circumstances of the photoshoot/contract are "typical") Make su8re to explain to the attorney what your goals are with the images, what you're being hired for and under what terms (if the contract doesn't explain this clearly), etc. 