Model Release Form

What is a model release form?

A model release form is a document that is used when the image of a person, known as the "model", has been or will be used in photographs, video, or other art and the artist would like to acquire the full legal rights to that image to be used in any way they would like in the future. The model is anyone whose images were used in the art.

In a model release form, the model "releases" the rights to the specific images that were used. This means the model acknowledges and agrees that the artist can do anything they would like with the photos, including publish, republish, distribute, edit, change, etc., unless the model would specifically like to include certain restrictions.

What is the difference between a model release form and a release agreement?

Though both documents are used by someone to give up some rights or property, they are used in different circumstances. A model release form involves a model releasing the rights to images of themselves. A release agreement involves a person releasing legal liability related to an incident. For example, someone who is injured on a friend's property could sign a release agreement promising that the friend will not be legally liable for their injuries.

Is it mandatory to use a model release form?

No, it is not mandatory to use a model release form. For example, photos taken of someone and used only in personal photo albums or for non-commercial use generally do not require the use of a model release form. However, it is advisable to use a model release form for images that will be used publicly or for commercial purposes. Using a model release form helps guard against future litigation and demonstrates clear consent from the model.

Who is involved in a model release form?

Both individuals and businesses may enter into a model release form. For individuals entering into model release forms, they must be of legal age to enter into a contract, 18 years of age or older in most states. If the model is under the age of 18 years old, a parent or guardian will have to review and sign the document on their behalf. They must also be mentally competent to enter into a contract. Business entities entering into model release forms must have the legal authority to do so, usually outlined in the business' governing documents, such as bylaws or operating agreement.

What is the duration of the document?

A model release form is generally not put in place for a period of time but for a group of specific images. Once the model releases their rights to those images, the rights are permanently released.

What should be done once the document is written?

Once this document has been completed and reviewed, it should be printed out and signed by both the model and the artist. The parties should each save a copy of the model release form in their files for future reference and in case of dispute or disagreement.

What must a model release form contain?

A valid model release form must contain at least the following mandatory clauses:

• Contact information: The model release form should include the name, address, and contact information for all the involved parties, including the model and the artist creating the images.
• Description of images: The model release form describes in detail the specific images that are the subject of the release form. These images can be photographs, video, or other art. This description also includes the date when the images were created.
• Name usage: The model release form states whether the model's name may be used in conjunction with the photos.
• Nudity: The model release form specifies whether the images that are being released include modesty. If so, it is important to include a specific clause regarding this.

In addition to the above mandatory information, it is possible to include the following optional information:

• Excluded uses: The model release form can outline any uses of the images that are not allowed. For example, the form may exclude the images being used in conjunction with adult or illegal products.
  
  

Which laws are applicable to a model release form?

Model release forms in the United States are generally subject to specific state laws, which cover the laws that would be implicated in the use of another person's images, such as right of publicity and privacy laws. State laws, as well as certain specific federal laws, including 18 U.S.C. Section 2252, cover the rights of minors and their images.

How to modify the template?

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.