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DPChallenge Forums >> Business of Photography >> Why Do You Need A Model Release?
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 02/22/2007 10:14:47 PM · #1
The following was from a letter from PPA (Professional Photographers of America) today:

February 22, 2007

Dear PPA Members,

Remember last week when I talked about nightmares and losing files? Well, have you ever received a call from an attorney representing the family of the high school senior/flower girl/family portrait that you used on your website, printed in a brochure, or displayed at the mall? If you can’t find the model release, you are smack in the middle of another living nightmare.

Model releases are important, especially in this day and age! Even though you are the copyright owner, you do not have an absolute right to use all images as you choose. Using a photo of a client might be intended as flattering, but without a release you can easily violate your client’s privacy and put yourself and your business in a very unpleasant spot.

In its simplest form, a model release is a waiver of a person’s privacy rights. While there are certain uses of a photograph that may not require a release, PPA always recommends one. Better safe and protected than sorry and in a lawsuit. For instance, wedding photographers should note that the bride and groom signing your wedding contract, which contains a basic model release, does not cover the flower girl or any of the other guests. Even vocal approval from a client might not protect you. We also stress getting a model release in writing—vocal releases are not adequate in at least eleven states!
 02/22/2007 10:37:53 PM · #2
this is good advice

i know there are lots of model release forms around the internet, but perhaps some experienced dpc members (or site council) can recommend some model release forms and include them on this site or in this thread.

it'd be nice to know that the forms people are using will hold up in court should they ever be needed (which is the whole purpose of signing release forms anyways).
 02/22/2007 11:02:55 PM · #3
Many people have already offered their own releases (and some have posted them), and there are also many links posted. All stock sites have a form available for download -- their language is easy to modify.

Try searching the forums with "release" in the titles field ...
 02/22/2007 11:06:13 PM · #4
DPC Forum Search
 02/22/2007 11:06:15 PM · #5
I had a clue, but I had no idea.

Thanks Cindi.
 02/22/2007 11:11:03 PM · #6
This is what PPA recommends:

These forms are provided to members of Professional Photographers of America as a guide. It is the responsibility of
the member to ensure the agreement meets the requirements of their state’s laws.
Copyright License Agreement
This License Agreement is made this ____ day of _______________, 20____ between
__________________ (photographer name) of ____________________ (studio name),
hereinafter referred to as Licensor, and _____________________ (client name)
hereinafter referred to as Licensee.
Whereas Licensor and Licensee hereby agree to the following:
Licensee is hereby granted a license to reproduce, distribute and publicly display the
following works:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Licensor and Licensee agree to the following additional terms:
1. Licensor retains all copyright and moral rights to each image. Licensor also
retains all rights not expressly granted in this agreement, including its right to use
images for promotional and advertising purposes unless stated otherwise below.
________________________________________________________________
________________________________________________________________
________________________________________________________________
2. Licensee’s license to reproduce, distribute or publicly display these works does
not include the ability to license the images to third parties.
3. This license is non-transferable.
4. Licensee agrees that altering images without obtaining written permission from
Licensor is prohibited.
In witness thereof, the parties execute this agreement.
____________________ (Licensor) ____________________ (Licensee)
Photographer Client
Studio Name Business Name
Studio Address Client Address
City, State Zip Code City, State Zip Code
Phone Number Phone Number
 02/22/2007 11:41:17 PM · #7
I have general-purpose releases for both adults and minors in PDF format, with form fields you can type into. Send me a note with an email where you can get attachments if you'd like a copy.

If you're going to be working professionally where you'll need releases, you might also want to get the Legal Handbook for Photographers

Nolo Press also has some relevant electronic forms for sale.
 05/16/2007 11:58:24 AM · #8
I have several shoots coming up with some up and coming models. I am not using them for any commercial gain, but I would like to post them on a web site. Should I use a release?
 05/16/2007 12:06:41 PM · #9
Always get a release for model and similar type shoots. I use the PPA version Cindi's already posted, but I also strongly recommend shooting the model's photo ID/Drivers License with the release. It's hard to argue someone forged your name AND had a copy of your license! Some even recommend a shot with the model holding up both so their face is in the shot.
 05/16/2007 12:26:54 PM · #10
I will start doing this. I have so many super cool shoots coming up, and I don't want them to end up bad. PPA you say.
 05/16/2007 04:25:02 PM · #11
Originally posted by :
1. Licensor retains all copyright and moral rights to each image.


I understand what copyrights are, but moral rights? What is that?
 05/17/2007 03:28:45 PM · #12
Originally posted by Nullix:
Originally posted by :
1. Licensor retains all copyright and moral rights to each image.


I understand what copyrights are, but moral rights? What is that?


I think those are the rights you assert when you take the position that you are both a photographer and a god!
 05/17/2007 03:56:35 PM · #13
Originally posted by Nullix:
Originally posted by :
1. Licensor retains all copyright and moral rights to each image.


I understand what copyrights are, but moral rights? What is that?


I believe "moral rights" refers to the context in which an image is used.

For example, a photographer sells an image for use in a right to life campaign and the model gets upset since she is pro-choice and objects to the usage of her image in such a way.
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