Model Release Reluctance

[TomPCO]

Hey All –

I’m considering using some model releases for the very first time.  However, I, myself would be extremely reluctant to sign a model release if someone asked me to, because I fear my image(s) could show up somewhere portraying me in a not-so-favorable way, because the original photo has been manipulated in some way.  What can I say to a potential model if that individual had similar concerns when I ask him/her to sign a release? How could I put their mind at ease?

Thx, Tom

Edited January 25, 2023 by TomPCO

[M.Chapman]

If you've not already seen it, Alamy's model release form and some advice can be found on this page.

https://www.alamy.com/contributor/how-to-sell-images/model-property-releases-stock-images/

 

The typical restrictions (UK version) placed on the buyer if they buy directly from Alamy can be found here. https://www.alamy.com/terms/uk.aspx

Versions of the Contract used in other territories Alamy sell in are available on the same page (see Tabs). Alamy's distributors should also be bound by similar terms

 

Also check the clauses in your Alamy Contributor contract (especially clauses 4.1.7, 5.1 and 7.1)

https://www.alamy.com/terms/contributor.aspx

 

I suggest studying the clauses in these documents and deciding whether you are comfortable with the protections they may (or may not) provide to you (and your models) and also the obligations on you as a contributor.

 

At the end of the day there are no 100% guarantees of protection from misuse or scurrilous legal claims.

 

Mark

 

[Rebecca Ore]

The model contract should have a clause saying that the photo will not be used in any derogatory way.  Some models in Philadelphia found that their photos were use in ways that implied they were either drug users or sex workers, but had signed releases that didn't protect them from that.  I've only licensed one which was of me using a tablet.  Best thing is to pay some consideration, have a protective clause in the release (I used one that is a program available for Android and iPad devices and comes in several languages).

 

Easier to use friends and family and self.   Or work with people from Model Mayhem if they're in your country.

[M.Chapman]

9 hours ago, Rebecca Ore said:

The model contract should have a clause saying that the photo will not be used in any derogatory way. 

Alamy's model release form states;

 

I hereby give the Photographer and Assigns my permission to license the Images and to use the Images in any Media for any purpose (except pornographic, defamatory, libellous or otherwise unlawful) which may include, among others, advertising, promotion, marketing and packaging for any product or service. I agree that the Images may be combined with other images, text and graphics, and cropped, altered or modified. I acknowledge and agree that I have consented to publication of my ethnicity(ies) as indicated below, but understand that other ethnicities may be associated with Images of me by the Photographer and/or Assigns for descriptive purposes.

 

But, whatever the model release says, bear in mind that the completed model release forms are not uploaded to Alamy or passed to the customer (unless specifically requested by the customer). The customer is only bound by the terms of the licence they purchased. e.g. Alamy UK licence terms 3.2.6 and 3.2.7.

 

3.2.6 you may not use the Content in a pornographic, defamatory, fraudulent, lewd, obscene or otherwise illegal manner, including, but not limited to use: (i) in connection with pornography, adult videos, adult entertainment venues, escort services, or the like; or (ii) which may or may be deemed to infringe any third-party Intellectual Property or privacy rights, whether directly or in context or by juxtaposition with other materials;

 

3.2.7 if any Content featuring a model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service or if the depiction of the model in the Content would be unflattering or unduly controversial to a reasonable person, you must accompany each such use with a statement indicating that the person is a model and the Content is being used for illustrative purposes only;

 

Mark

 

Edited January 25, 2023 by M.Chapman

[TomPCO]

Mark & Rebecca,

 

Thank you very much for your help with this. I really appreciate it! 😃

If a customer (to be clear - meaning an individual or business who purchased

an image depicting a person) does use the image "....in a pornographic, defamatory,

fraudulent, lewd, obscene or otherwise illegal manner...", what recourse, if any, would the

model have? Who can the model go after if they want to sue? Me, the photographer,

the purchaser of the image, both?

 

Thx, Tom

[spacecadet]

13 hours ago, TomPCO said:

Mark & Rebecca,

 

Thank you very much for your help with this. I really appreciate it! 😃

If a customer (to be clear - meaning an individual or business who purchased

an image depicting a person) does use the image "....in a pornographic, defamatory,

fraudulent, lewd, obscene or otherwise illegal manner...", what recourse, if any, would the

model have? Who can the model go after if they want to sue? Me, the photographer,

the purchaser of the image, both?

 

Thx, Tom

If you're in the US, they will find themselves a no-win no-fee lawyer and go after everybody. Even if you're not liable it would cost you plenty. You probably need insurance- or pull the images.

Edited January 26, 2023 by spacecadet

[Rebecca Ore]

7 hours ago, spacecadet said:

If you're in the US, they will find themselves a no-win no-fee lawyer and go after everybody. Even if you're not liable it would cost you plenty. You probably need insurance- or pull the images.

 

I think using family and friends and people who want to build their model portfolios (Model Mayhem) is going to be safer than trying to get random people on the street to sign.   One French photographer had releases for two people he photographed in a romantic moment.  Decade after the photo, they tried to sue, but he did have the releases and the case was thrown out.

 

See also the Northrups' video on stock photography for where and how stock photos can be used.

 

My released photos that weren't me were either of someone else's employee or someone else's tenant farm family's daughter or father, in Nicaragua.  

 

My guess is that most released photos at Alamy came from outtakes of commercial shots with hired models, some obviously so (model style poses rather than people doing things naturally).

 

 

 

 

[TomPCO]

Spacecadet & Rebecca,

 

Thank you very much for your replies.  😀

 

Tom