What is a Model Release Form?
A model release form is an important tool that can ensure that you, the artist, keep control of your own intellectual property. The model release form is a legally-binding method by which the model -- meaning the person you took a picture of, whether or not that person is affiliated with any modeling agency -- signs over his or her rights to the photograph to you, the photographer. (Again, anyone can be a photographer to use the form; no professional photography career required.)
How does a Model Release Form work?
Intellectual property, by definition, belongs to somebody -- the creator of the intellectual property. By this definition, someone who took a photograph of a tree owns that photograph of a tree. But what if there is a human subject in the photograph?
A lot depends on how you intend to use the work. If you're using a work for commercial purposes, for example, the majority of court decisions hold that it is not lawful to use someone's image without their consent when used as an advertisement (whether or not that person is a celebrity whose likeness is considered to hold commercial value).
If the use is not used for advertisement purposes, the model does not have many hard-and-fast legal claims to the ownership of the photograph. However, because the law is vague, he or she could attempt to convince the courts that you have used that person's likeness for personal gain, or are using the person's celebrity to add value to your work.
When should I use a Model Release Form?
Technically, you are only required to use the form when you are using the work for commercial purposes. But will your intentions when you took the picture always be your intentions?
What happens if someone approaches you and offers to give you a large sum of money in return for a license to use a photo you initially took for a school website? Are you certain you'll be able to track down your model months if not years down the road? And -- just as importantly -- are you sure your model won't smell a profit and refuse to sign the document until you agree to share some of it?
The choice is clear. Having a model release form signed and in your file for any picture you take is the smart choice for any photographer that's serious about his or her intellectual property.
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