A model release is a legal document that gives the photographer the
right to use photographs in a particular way, like sell or publish them,
granted by the person in the photograph, for a payment or other
“consideration” such as copies of the prints. Unlike copyright law,
which is federal, model releases are state-governed documents. This
article cannot cover all 50 state rules, but we can review some basics.
A photographer needs a signed model release when the subject in the
photos is recognizable, and the image will be used for a commercial
purpose. Some examples:
The Washington Post does not need a model release from the president
each day when they print his photo, because although clearly
recognizable, he is not in an ad for a bank (a commercial purpose), but
being used to illustrate a story.
Photographer Bob Brown does not need a model release from Sally Smith
if he is using a photo of the back of her head in an ad for a bank – she
is not clearly recognizable. Bob Brown does need a model release for
the photo of Jane Doe’s face that will be used in an ad for a new
cereal.
When in doubt, get the model release. Some people’s hands, elbows,
places on the body that are not historically “clearly recognizable”
these days have become so – with tattoos and piercings.
Also, when you are working with a child, it is best to get a release
no matter what, even if the photos are a blur. The same goes for an adult,
especially if any nudity is involved. Make sure the adult has read
the document before signing it, and that an adult signing for a child is
indeed their legal guardian or parent with custodial rights.
To get an idea what to put in your model release, you need to do some
research, and possibly consult with an attorney. The suggested wording
for New York is different from many other states, for example. In some
states a canceled check is considered a limited release, but in others
it is useless. Hit the internet, do some fact-finding on requirements,
then ask the experts and get your own release ready!