What is a Model Release Form?
A model release form establishes a contract between the photographer and model by defining how and where photographs may be used for commercial purposes. This protects both parties. The model is protected by agreeing to how their image is used and the photographer has legal permission to license the model’s image.
Why You Need a Model Release Contract
A model release contract is all about privacy. There are state laws on legal rights to privacy, therefore a photography business can’t simply benefit from using a person’s likeness. The exception is if a photo was taken in a public place where there really isn’t an expectation of privacy.
However, here’s a disclaimer regarding street photography; A photographer should be careful because some seemingly public places, including shopping malls, theaters, amusement parks, airplanes, trains, building lobbies, and hotels, for example, are private. Since the legal definition of “reasonable expectation of privacy” can be arguable, whenever you can, it’s best to get a model release.
To truly understand privacy rights, publicity rights, and copyright, visit the Library of Congress which has an excellent page.
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