ModelRelease
Listed below is a simple Model Release form. You may use this form or you may have one that is more appropriate, please consult with a legal professional for your given situation.
In exchange for consideration received, I hereby give permission to [ your name here ] to use my name and photographic likeness in all forms and media for advertising, trade, and any other lawful purposes.
Print Name: Signature: Date:
If Model is under 18:
I, , am the parent/legal guardian of the individual named above, I have read this release and approve of its terms.
Print Name: Signature: Date:
That's about as simple a Release Form as you can get. There's a lot you can do to make it more thorough and more complicated, but as we said before, a simple Release is better than no Release, and this one will do the trick in most simple cases.
There are more detailed Release Forms that deal with such things as passing of rights under the Release to your heirs and assigns, elaboration of the consideration received, and other things you can get the right to do - such as, use the model's name, distort the photo, etc. But you don't need these clauses in most simple situations.
Now, going back to our hypothetical picture, let's weigh a few more factors. If your neighbor wasn't recognizable - say her back was turned and all the picture shows is a female figure taking the tumble - chances are, you don't need a Release. Why do we say "chances are"? Because different jurisdictions rule on this differently; and in any case, we'd have to see the photo to be sure!
What if your subject is a public figure or a celebrity? Say it's the President, a Senator, or some Supermodel taking that tumble. Public figures have less of a right to privacy, but their right to prevent use of their photographic likeness for advertising or trade purposes without their explicit permission is as strong as anyone elses. So, once again, you don't need a Release for a news story. You do need a release if the picture is used in an ad.
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