I had a shooting with a model and a makeup artist a weekend ago. When I am using models for time for cd (TFCD) I have always used a simple model release and it have always worked fine with the models, until last Saturday.

The model release I use:

Photographic Model Release

For a valuable consideration, receipt of which I hereby acknowledge, I assign to Robert Hammar his representative, succesors and assigns all rights to reproduce for the
purpose of illustration, advertising or publication in any manner, any photographs he has taken of me.


Printed Name

................................................................................................................

Mail address (for CD/DVD)

................................................................................................................
e-Mail adress

................................................................................................................

Town, Date

................................................................................................................
Signature

................................................................................................................

I handed the model release over to the model before the shooting but unfortunately I forgot to have the release back and signed. Now after the shooting she claims that she cannot sign the release because I, the photographer, get all right to use the pictures and she cannot use the pictures even if I have so that she can use them.

The model have also from our first contact known that the pictures might be used by the hotel we had the shooting at. The hotel want a contract from me which says that I give them all the right to use my pictures. She claims that the release I have handed over to her is not used in TFCD, and now the model have send me an other two pages contract that says about the same as above but if we get paid for the pictures we split the income.

Is that the case that the model cannot use my pictures after she have signed my simple model release as she claims?

Robert,

From what I can tell the answer is "yes"--that is she cannot use the images without express permission from you. I give my test models a CD of a few select images at hi-res for her portfolio and the same images sized for web use with a different full name logo embedded--NOT the entire shoot. I tell them that any additional use needs to be negotiated through me but of course they would get their cut if the lease came from them. Furthermore, even though the release does not state it, I let them know that they will receive a percentage of any revenue I make from the images. The exception to this--which they understand--is when the images illustrate books and articles that I write. I do however, list a model credit whenever I possibly can and I also build a webpage specifically for them on my website. So, they are receiving my time, portfolio prints, limited web-rights, and a free web-page in exchange for the release which gives me control over when and how they are used. I also place a minimum commercial value on the trade and include that in the release. I think I posted a sample release somewhere on this site.

Talk it over with the model and try to work it out. Good luck

Thanks a lot for taking your time to write your notes down on my case, I really appeciate that, Steve.

Would it change if we did had the shooting and I didn't gave her the model release at all would the model have had the right to use the pictures?

What I can understand of my model release in the firts post is that the model let me use the pictures as in Bert Krages article about "The benefits of Simple Model Release", but it doesn't says that the model cannot use the pictures in any circumstances, right?

Do I have to make about the same release form for the model as I have done by my model release so she can use my pictures in same way as I can use the pictures?

Happy Holidays Robert!

A model release in its simplest terms is an agreement between you and your model about how you and he/she can use the photos. You can modify it any way you want to fit the needs of both parties. To answer your question, no, she would not be able to use the photos any way she wants without a release--and neither could you. If your laws are similar to the US, then you own all the copyrights to the images when you push the shutter--just like I do. However, that does not mean that I can use the photos any way I want without a release. Technically I can, but my risk of going to court is much greater without a release. Lesson: get the releases signed prior to shooting the images.

Hello Steve,
I would love to see your sample release. Can you please repost it?

Thanks,
Robert

Hi Robert,

My release is post in this forum. Look for "Model RElease" in the Ask Steve forum.