When you hire a professional photographer, you will receive a contract. A standard contract covers the terms of your photography session, such as:
- booking and payment,
- cancellation or rescheduling,
- styling, etc.
You will also more than likely sign a model release. As a client, you must know what this release is and what it isn't.
What is a Model Release?
A model release is a legal document that permits the photographer to publish images from a photography session in various ways.
A model release will outline how the photographer intends to use the images:
- printed promotional materials;
- printed portfolio samples;
- online for social media, website, or blog display.
The model release also ensures you and the photographer are on the same page about the expectations of using the images. It helps to remove any unknown issues surrounding the publication of the images.
Who Signs a Model Release?
Each adult client will sign their own model release. For minors, the parent/guardians will be given a Minor Model Release Clause as well as a Model Release Agreement for the minors.
Is A Model Release Required to Take a Photo?
No. A model release is optional to take the photos, regardless of who the photo may be of. But, if the photographer intends to publish the photo and the person in the photo is identifiable, they need a model release.
For instance, there is no need for a model release if the photo captures a nondescript hand. Yet, if the person has a distinctive marking, such as a tattoo, that someone else could identify, the photographer will need a model release.
Why Should You Care if Your Photographer Has Model Releases?
When you hire a professional photographer, you choose someone who will create beautiful photos and carefully follow the rules and laws.
A model release provides appropriate legal protection for you and the photographer.
It also indicates they are a credible business that cares about their business as much as they care about protecting your images.
What a Model Release Isn’t
- A model release does not release ownership or rights (see the next section) of the images to you as the client.
- A model release does not grant print rights to the client - that is what a print release is for.
- A model release is also distinct from a property release. When photographing specific physical landmarks or buildings, a property release is necessary.
What is Copyright, and Who Owns it?
We could write an entire article about copyright, but we will keep it brief. The Professional Photographers of America defines copyright as “The exclusive legal right of creators, or assigned copyright owners, to reproduce, distribute, publicly display, or create derivative works from an original work. A copyright also gives its owner the exclusive right to license those usage rights to others.”
In most cases, the photographer owns the copyright to each photograph they take. The copyright starts when the photo is taken and lasts for the duration of the photographer's life, plus 70 years.
As the client, you do not own the rights to the photograph. Some photographers may offer you a print release. A print release gives you limited permission to print and/or use images on social media. Still, the photographer retains the rights.
Can a Model Release be Adjusted to Fit My Needs?
Absolutely! Talk to your photographer if you feel unsure or uncomfortable about certain words or phrases in the model release. They can help make changes to the document that feels right for you before you sign it.
I Have Privacy Concerns and Do Not Want My Photos Shared. How Can I Protect My Photos?
Privacy concerns hold genuine importance in today's world. If you have concerns about sharing your photos, communicate with your photographer. You can sign a Privacy of Photographs Agreement to safeguard your images from unwanted sharing.
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