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As with anything on the web, if it's really important to you, please seek competent specialist advice i.e. find a lawyer who understands contract and intellectual property law in your jurisdiction. |
One photographer I know once stated that "model releases are useless as they only protect the model". Often models see them as something only of benefit to the photographer. What is the truth?
Whether you realise it or not, when a model and a photographer agree to work together they enter into a contract. While a contract does not have to be put in writing (except in very rare situations) it is always a good idea to do so. The main disadvantage of a verbal contract is not whether it is binding, but being able to prove exactly what was agreed. So, what written evidence of the contract gives is clarity. A release merely a written record of what was agreed between the two parties. What most people have difficulty with is the content of the release which is an entirely different matter.
Who the release protects is down to the content. Some releases may favour one party or the other, or indeed they may be fair and be balanced. Your interpretation of a particular release depends on your expectations. If you feel it is a fair exchange it is - if you feel you are being disadvantaged, you may just be (or your expectations may be unrealistic).
If you don't like the content of the release you have three basic options:
So what should a release contain. There are a few basic pieces of information recommended:
Details of the model & photographer. At a minimum, name and address, and for the model, date of birth.
Location and date of the shoot. If not included, it could (unlikely but possible) be interpreted as an open ended release on all shoots between the named parties.
If TFP or TFCD spell out exactly what will be provided and when. If cash, say how much. If expenses are to be borne by either party, specify who will cover what.
This is usually the most complex part. Specify exactly:
It is not unusual for the release to absolve either party of liability to the other in the event of injury or other loss arising from the shoot, or use of the images.
Needs no explanation.
The advice here varies. The photographer will want the release signed at the start of the shoot otherwise he runs the risk of the model refusing to sign afterwards.
The model will want to sign the release at the end of the shoot, just in case any shots are taken which she finds unacceptable. She then has the opportunity to exclude those when signing the release.
As you can see this is a point where there is little middle ground, unless there is strong trust between both parties.
If either party is under the age of contractual capacity (18 in the UK or Ireland) the release is worthless unless signed by their parent or legal guardian. There are also many other legal issues in relation to working with models under the age of 18, but they are outside the scope of this note.
I generally consider it a courtesy to make my release available to the model in advance of the shoot to give him/her time to read it and ask any questions. Springing a document on the model on the day is risky as they may refuse to sign or may wish to get advice, etc. - particularly if English is not their first language.
