A model release form is important to protect photographers from liability and licensing claims that may arise down the road. In this post, you’ll learn how to maximize its protections and download a free model release form template to help you get you started.
It's important to always obtain a signed model release form prior to shooting, regardless of whether the model is paid or unpaid.
Even if you don’t have any plans to license the photos, an opportunity may present itself well after the shoot.
To prevent any future issues, get the model release form signed prior to shooting.
A model release form is a contract that outlines the agreement between a model and the photographer, most often used in fashion photography or corporate photography. A model release allows the photographer to use the photos promotionally or sell the photos commercially.
The short answer is no, they are very different. As we mentioned, a model release is signed by the talent so the photographer can license or use the image. On the other hand, a photo release form is a document signed by the photographer and given to the client so they can print copies of the work (i.e. portraits, headshots, or wedding photos, etc.).
In most photoshoots, both agreements should be signed.
For example, let’s say you shoot headshots for an actor. They sign a model release, and you provide them with a photo release for duplication purposes.
Fast forward a couple years and they want to sell the photos on their website. But in order to do so, they would need to provide you with a licensing fee, otherwise, they would be violating your copyright.
In the United States, taking photos of an individual in public is a protected right for the photographer since privacy cannot be guaranteed to anyone in a public place. The exception is that the photographer cannot sell a picture commercially without a model release. So, if you took an amazing street photo of an unassuming subject, get a release signed afterward.
Lifehacker has a great article on shooting in public called ‘Know Your Rights: Photography in Public.’
When photographing groups of people in public, a photography model release form should be signed by any individuals in the photo that stands out as “identifiable” due to their unique look, dress, tattoos or other distinguishing characteristics. If the photo is used for anything that can be considered defamatory, offensive, scandalous, harmful or portrayed in a false manner, then any identifiable person in the photo who did not sign a model release may have the right to file a suit against you.
Lastly, be aware that voyeuristic shots of a private event that is happening in public view (i.e. wedding, birthday party, quinceañera, etc.) may be seen as illegal since the subjects have an implied right to privacy.