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Example of release form text
I (the Model) explicitly grant to the photographer (the Photographer) and to his/her assignees and licensees the absolute right and permission to use, publish or sell the photograph(s) referred to below, in which I am included, in any medium, throughout the world, without any restriction whatsoever as to the nature of the use or publication or as to the copy of any printed matter accompanying the photograph(s). I understand that the images may be altered and I waive the right to approve of any finished product. I understand that I do not own the copyright of the photograph(s). I certify that I am over 18 years of age and that I have the full legal right to execute this agreement.
The release form provides an insurance against future disputes and claims and protects the photographer and the agency. For professional models it is a common form of contract when undertaking assignments. It can easily be combined with additional data to form a receipt.
There is no standard release form, and each agency is likely to have their own variation.
It is good practise to get one signed after each shoot or after taking a shot in the street. If the photograph is of someone under 18 then it is necessary to get a signature of a parent or guardian as well.
The photographer is always the owner of the copyright and not signing a release form doesn’t change this. If your model doesn’t wish to sign a release form then you may be restricted on how you can use the photograph commercially. For this reason it is always best to get a release form signed before any shots are taken.
The same sort of principle will apply to inanimate objects as well, you will need a release form if any private or domestic building, non-incidental trademarks, pets or instantly recognisable objects that are specific to individuals are prominent in a shot. There is obviously some element of uncertainty when it comes to the definition of prominent versus background, but generally it is pretty obvious.
The traps to avoid are the infringement of commercial copyrights and later claims for damages if the picture places the subject in a bad light or conversely claims for a profit share if the picture becomes famous.
Copyright exists in almost anything that has been produced as a result of a person’s skill, labour or judgement. This means that most man-made objects are covered by copyrights automatically. But don’t worry too much; the incidental inclusion of a copyright object is not an infringement. So including a shop sign as part of a street scene is not an infringement, unless the shot was explicitly of the shop sign itself.
In the UK copyright for literary, dramatic, musical or artistic works begins at the time of the initial creation and then lasts for 70 years from the end of the calendar year in which the last remaining author of the work dies, or the work is made available to the public, by authorised performance, broadcast, exhibition, etc
Disclaimer: This information is intended for general guidance only and is not intended as legal advice. No liability will be accepted for any losses or legal difficulties arising from information contained in this feature. Always seek professional advice relating to copyright queries.
This article has been written for www.TopDigicam.com by Roger Titley and all copyrights are reserved. It may only be reproduced if this copyright notice and the site link are included.
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