Would someone suggest a "best" format for a model release please?

-- craig michalak (michalak@uswest.net), January 07, 2000

Answers

I'm kinda' rushed right now so I can't go into much detail, however, I say that from my experience write up a release that covers everything but one that dosen't sound too confusing or with too much unnecessary detail. Releases with too much stuff on them scare people off.

-- Joe Cole (jcole@apha.com), January 10, 2000.

Years ago I saw a release that simply said something like this:

"I give [photographer] the right to use the photo(s) of me in her/his work and business.

______________________________________" Signature & date

The theory was that it let the model know the photo(s) might be used in many different ways. It gave their 'emotional' ok, and didn't scare anybody with a lot of legal language, and best of all, it could be printed on a 3x5 card.

HOWEVER, I have NO idea how this would stand up in court. But I do believe it goes a long way towards fostering an honest relationship with models.

-- Christian Harkness (chris.harkness@eudoramail.com), January 11, 2000.

If you are asking a subject to sign a model release, you are doing it for a reason, correct? And that reason would be to make "a binding agreement" with the subject as to how you might use the photos and how they might be compensated, if at all. Therefore, the words used in the release are very important if for any reason there is a later disagreement. A model release is a legal document prepared in the event that you may end up in court. So it would be wise to consider the words you use. Vague non-specific (warm/soft/fuzzy) wording is exactly what your subject's attorney will love to see on your model release. The words "Model Release" are not at all important as neither word conveys enough information on which to base an agreement. The words regarding usage and compensation are very important and should go into some degree of detail. A number of experts have prepared releases which can be found in various photo books or purchased in pads at many photo stores for a nominal price. Tad Crawford has a book "Legal Forms for Photographers" which has a number of legal contracts and forms including two versions of a model release. His book also explains WHY certain wording is used and even helps with negotiating points for the many contracts he includes. ASMP publishes a business guide (name?) that has many contracts and forms.

I wanted one of my contracts to be more friendly so I changed all of the words "shall" to "will". I took it to my attorney friend and he told me to change it back immediately. Apparently, in the court system (US) the word "will" indicates a client may or may not comply with that clause if they are "willing" to or not. I thought the two words meant the same thing and were interchangeable. "Shall" just sounded so unfriendly and legal. Yes, exactly - legal.

I think how you present the model release will determine if they will sign it or not. If you are friendly and sincere you will go farther in life including asking someone to sign your release. If someone just does not want to sign because it sounds too legal, don't use the photo. That may be the person that will cause you lots of grief down the road anyway.

One last thought. A contract or a model release is nothing but a piece of paper with words on it until signed by the parties involved. The terms of a contract or form can be negotiated and modified (with initials) to meet the desires of both parties. This new agreement can then be signed with confidence.

-- Rick Stiles (rstiles@ghg.net), January 11, 2000.

If you are asking a subject to sign a model release, you are doing it for a reason, correct? And that reason would be to make "a binding agreement" with the subject as to how you might use the photos and how they might be compensated, if at all. Therefore, the words used in the release are very important if for any reason there is a later disagreement. A model release is a legal document prepared in the event that you may end up in court. So it would be wise to consider the words you use. Vague non-specific (warm/soft/fuzzy) wording is exactly what your subject's attorney will love to see on your model release. The words "Model Release" are not at all important as neither word conveys enough information on which to base an agreement. The words regarding usage and compensation are very important and should go into some degree of detail. A number of experts have prepared releases which can be found in various photo books or purchased in pads at many photo stores for a nominal price. Tad Crawford has a book "Legal Forms for Photographers" which has a number of legal contracts and forms including two versions of a model release. His book also explains WHY certain wording is used and even helps with negotiating points for the many contracts he includes. ASMP publishes a business guide (name?) that has many contracts and forms.

I wanted one of my contracts to be more friendly so I changed all of the words "shall" to "will". I took it to my attorney friend and he told me to change it back immediately. Apparently, in the court system (US) the word "will" indicates a client may or may not comply with that clause if they are "willing" to or not. I thought the two words meant the same thing and were interchangeable. "Shall" just sounded so unfriendly and legal. Yes, exactly - legal. Let the experts do their job.

I think how you present the model release will help determine if they will sign it or not. If you are friendly and sincere you will go farther in life including asking someone to sign your release. If someone just does not want to sign because it sounds too legal, don't use the photo. That may be the person that will cause you lots of grief down the road anyway.

One last thought. A contract or a model release is nothing but a piece of paper with words on it until signed by the parties involved. The terms of a contract or form can be negotiated and modified (with initials) to meet the desires of both parties. This new agreement can then be signed with confidence.

-- Rick Stiles (rstiles@ghg.net), January 11, 2000.

If you are from the UK (or simply have access to a good legal library), then look in the Encyclopaedia of Forms and Precedents - it has all sorts of releases in it, including model releases for use in advertising. It is a legal work, so the language is designed to be 'holeproof'. From memory, it's not too overbearing. Perhaps there is a US equivalent.

-- Tim (Timothy_Bolotnikoff@justice.qld.gov.au), January 11, 2000.