Oct 7, 2023
Navigating the intricacies of running a photography business can be quite challenging. You might wonder, do you really need a model release? After all, as the copyright owner of your images, it might seem like you have complete freedom to use them however you please. However, in reality, it’s not that straightforward. Let’s delve into this:
Have you ever used images of clients or identifiable individuals in your marketing and advertising materials? Did these individuals sign a model release? Are you absolutely certain that you are not violating their right to publicity or infringing on their privacy rights? These are crucial questions to consider.
Understanding what a model release is and when it’s essential to use one in your photography business is paramount. This knowledge is all about safeguarding yourself and your business interests.
A model release form, signed by the subject of a photograph (or by the parent or legal guardian in the case of a minor), grants the copyright owner permission to use the photograph according to the terms defined in the release. These terms typically encompass uses such as adding the images to your portfolio, employing them in marketing and advertising, and other commercial purposes. Importantly, it also relinquishes any claims the model may have to future compensation for the use of their images.
It’s crucial to distinguish between a model release and other legal documents like copyright transfer agreements or print releases. A copyright transfer document usually transfers ownership of the photographs from the photographer to the client. To utilize images for commercial purposes, such as on your website or in your storefront, you may need to explore options like copyright transfer or obtaining a commercial license from your photographer. Print releases, on the other hand, grant clients permission to print digital files while retaining the photographer’s copyright. However, this is often insufficient for business-related uses.
A standard model release includes specific stipulations and restrictions. It outlines details like the photography session from which the images originate, the permitted uses of these images for business purposes, and any compensation the model may receive for their image’s use.
As a photographer, you’re not necessarily obligated to require a model release for a photography session itself, but you will definitely need one if you intend to use those images in marketing or advertising, including adding them to your portfolio.
Using images without proper consent may potentially infringe upon privacy protection laws, especially when photographs are taken within a private photographer-client relationship. Various federal and state laws safeguard individuals’ privacy, even in commercial contexts. The Lanham Act, a federal law applicable throughout the United States, contains provisions relevant to this issue.
In brief, you must obtain written permission from the subjects of photographic images if you plan to associate their image with your business in any way, whether for affiliation, commercial advertising, or promotion. State-specific privacy laws may also apply, so it’s advisable to consult local regulations.
If you’re involved in a photography session under a private contractual arrangement and intend to use the images on your website, in your portfolio, or for any other marketing purposes, it’s wise to secure a model release. When in doubt, always opt for written consent.
If you find yourself on the other side of the lens, the photographer will likely request that you sign a model release, granting them the right to include images of you in their promotional materials, advertising, or portfolio. Additionally, if you operate as a disregarded entity like a limited liability company or a corporation, you’ll need to personally sign a model release to authorize your business to use your image in marketing and advertising. This step helps establish the separation between you and your company, an essential concept in business law known as the corporate veil.
Remember, maintaining a clear paper trail is crucial when it comes to these agreements. Your understanding of model releases and their proper use is vital for the protection and success of your photography business.