Model Release: What is it? What to Include
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What is a Model Release?
A model release is a type of entertainment contract that permits a company to publish the subject of a photograph for commercial purposes.
You may need a model release form and a brand ambassador or social media marketing agreement when working with influencers.
This is a written agreement that allows authorized users to publish an image. The person depicted in your image must agree that you and/or your organization have exclusive rights to modify, publish, and redistribute images with them in it or images they take themselves for promotional content.
Here is an article that reviews the purpose of model release forms.
Purpose of a Model Release
A model release form is a liability waiver and exclusivity agreement. It may be part of an influencer agreement where a creator takes images to promote a brand online.
The business may want to reserve the copyright to any images the subject produces for commercial purposes. The model release form relinquishes the model’s rights to the photography, so the company can freely publish them.
In a social media agreement, a model release allows you to publish and share someone else’s content as your own. But, of course, the content they produce is their intellectual property. Still, the written agreement between you and the subject is an exclusive rights agreement.
Here is an article with a sample model release form.
What Should a Model Release Include?
A model release should outline the client’s and company’s rights to publish content taken for commercial purposes. Content includes photographs and videos featuring the model.
The model can also specify how they want the photos or videos to be used. This prevents them from being featured in mediums they are uncomfortable with or having their likeness used to promote goods, services, or ideologies they do not endorse.
A good model release form should include:
- A distinction between the subject, i.e., the model in question, and the company
- The business name and address
- The type of media they will be featured in
- How their images will be used
- An exclusive rights agreement to grant the company permission to use their photos or videos for commercial purposes
- Rights regarding the release of images to other companies for redistribution
It is best to keep your model release form short and easy to understand. Write your release form in everyday English. If the model release is part of a larger promotion agreement or influencer agreement, it can be attached as an amendment to those documents.
Here is an article with more information on what to cover in model releases.
Is a Model Release Necessary?
If you use photos or videos of someone for commercial purposes, then a model release form is a necessary form of legal protection.
Without the release, the model could file a lawsuit against you and your business. They could also demand compensation for your company's profits from marketing featuring their imagery or likeness.
Model release forms can protect you from unfair exploitation as a model or influencer. In addition, you can set boundaries for how companies may use your content and give yourself greater peace of mind when serving as a brand ambassador.
If the models are under 18, they must have their parents sign a model release form. No one underage, even social media personalities, can sign legally binding documents.
Here is an article with more details on why model releases matter.
Image via Pexels by Godisable Jacob
When to Use a Model Release
You should use a model release form if you are:
- A photographer using someone else’s images for marketing purposes
- A business using someone else’s images for marketing purposes
- An individual using someone else’s images for marketing purposes
If you photograph someone and do not sign a model release, they may sue you later if they find their images shared online or in advertising material.
It is essential to be as transparent as possible about where and how imagery will be used. For example, the person depicted in your image may not want to appear on billboards or social media ads. They should be free to negotiate under what circumstances you can share photos of them with the public.
Models may sue companies for compensation for emotional or financial damages if images are shared without their consent. In some situations, being recognized as a model for a particular cause or brand could have negative consequences.
The model release form waives the model’s right to sue by establishing clear guidelines for how their images will be used. In addition to giving them protection, it also protects the company from unnecessary lawsuits in the future.
Here is an article with a lawyer’s explanation of when you need to use a model release form.
How Do You Get a Model Release?
Model release forms are available for free online. You can edit a pre-written template or write one yourself. You could also contact a contract lawyer and have them write a sample model release form for you.
In the future, you can modify the base model release form from your lawyer for all models you work with in the future.
Here is an article with an example of a model release form, including options for video release.
Benefits of Using a Model Release
Photographers can use a model release to protect their name and business. However, if you do not acquire a model’s consent before sharing their photos, you could face lawsuits in the future.
Model releases release you from any liabilities and responsibility for damages the model might face after your photoshoot. For example, suppose you post pictures online, and the model does not like how they are received. In that case, you won’t be held accountable for any emotional or personal damages.
Furthermore, the model release permits you to publish the photos for personal or commercial use. Your release form can outline precisely how images will be used. What compensation, if any, is the model entitled to?
A model release form is necessary if you plan to post your photos online, even in your portfolio.
For businesses working with influencers, model releases can establish boundaries between your company’s marketing material and the model’s photos. By having them sign a model release, you can clearly explain how the images will be used and what rights your company has to edit, share, sell, and publish them.
Here is an article on model release forms for photographers.
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Steven S.
Steven Stark has more than 35 years of experience in business and commercial law representing start-ups as well as large and small companies spanning a wide variety of industries. Steven has provided winning strategies, valuable advice, and highly effective counsel on legal issues in the areas of Business Entity Formation and Organization, Drafting Key Business Contracts, Trademark and Copyright Registration, Independent Contractor Relationships, and Website Compliance, including Terms and Privacy Policies. Steven has also served as General Counsel for companies providing software development, financial services, digital marketing, and eCommerce platforms. Steven’s tactical business and client focused approach to drafting contracts, polices and corporate documents results in favorable outcomes at a fraction of the typical legal cost to his clients. Steven received his Juris Doctor degree at New York Law School and his Bachelor of Business Administration degree at Hofstra University.
"This is the second time Steven has worked with me and I can't say enough great things about his responsiveness and complete understanding of what I need without a bunch of back and forth. Thank you Steven and I will be working with you again in the future. Patrick"
Donya G.
Donya G.
I am a Contracts and Mergers & Acquisitions Attorney with more than 25 years of diverse legal and business experience. My practice focuses on mergers and acquisitions, commercial contracts, contract dispute resolution, and a broad range of business-related legal matters. I have extensive experience managing and closing transactions across a variety of industries, including SaaS, IT, eCommerce, franchises, agencies, and food services. I take a practical, business-oriented approach to transactions, helping clients efficiently navigate complex deals from initial structuring and negotiation through execution and closing. My combined legal, litigation, financial, and business experience allows me to deliver strategic, efficient, and practical solutions tailored to my clients’ objectives, whether in deal negotiations, contract structuring, dispute resolution, or complex business transactions
"Donya was an amazing partner and was very patient and diligent in dealing with the APA and OA. I highly recommend her as she knows her stuff, is confident, and always has your back."
Sara S.
With over eleven years of intellectual property experience, I’m happy to work on your contract problem. I am very diligent and enjoy meeting tight deadlines. Drafting memoranda, business transactional documents, termination notices, demand letters, licenses and letter agreements are all in my wheelhouse! Working in a variety of fields, from construction to pharmaceutical, I enjoy resolving any disputes that come across my desk. I will prioritize your project, big or small. Please be ready and prepared with all relevant documentation so we can get started as soon as you click HIRE! Hourly rate projects will be billed hourly in accordance with the timesheet. Flat rate projects will be billed in segments. Choosing an hourly or flat rate is up to you. Absolutely no refunds.
"She was great to work with! On time and answered my questions! Thank you"
Ryan D.
Ryan Duffy is a skilled attorney with extensive experience in business law and estate planning. He received his undergraduate degree in Business from Franklin & Marshall College and went on to graduate from Villanova University Charles Widger School of Law. Ryan has worked with numerous clients on matters ranging from business formation and contract drafting to estate planning and asset protection. He is dedicated to helping businesses of all sizes achieve their goals while minimizing legal risks. He also works closely with individuals and families to help them protect their assets and plan for the future. With his extensive knowledge and practical approach, Ryan can provide valuable legal guidance and support to clients in need of business law and estate planning services.
"Awesome work, really put my mind at ease during a contract dispute with a major company."
Drew B.
Drew is an entrepreneurial business attorney with over twenty years of corporate, compliance and litigation experience. Drew currently has his own firm where he focuses on providing outsourced general counsel and compliance services (including mergers & acquisitions, collections, capital raising, real estate, business litigation, commercial contracts and employment matters). Drew has deep experience counseling clients in healthcare, medical device, pharmaceuticals, information technology, manufacturing, and services.
"Hired for a settlement contract to be written out in legal manner. Ammended contract as well to add clauses that we had not written.Efficient, professional. Said the time-frame would be about 4 business days and he did deliver on that in fact worked through the weekend and mlk day. Offered one final revision as well as a call to finalize language of contract. The final document delivery was more than we expand also he went above and beyond to deliver extra documents we may need. Would highly recommend."
February 26, 2025
Carissa E.
As a resident of the Chicago Southside, Attorney Carissa Essex is a dedicated mother, wife, and attorney. Carissa graduated from the Illustrious Spelman College in Atlanta, Georgia in 2012 with a Bachelor of Arts Degree in Political Science. She then returned to Chicago to obtain her Juris Doctorate in 2016 from DePaul University College of Law. After working in Corporate America for several years as a full-time Legal Project Manager practicing law part-time, Carissa decided to devote all of her time to her legal practice and founded Essex Law in early 2024. Focusing on Family Law and Real Estate Law matters, Essex Law provides exceptional and affordable services to all throughout the Chicagoland Area.
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Jorge G.
Transactional and litigation real estate attorney for over 25+ years. Other areas of practice include family law, probate and general civil litigation.
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