Model Release Forms

One of the aspects of photography I've never given much thought to is the possibility of selling my pictures. For me photography has always been about my own enjoyment, but as soon as you start thinking about selling photos you have to think about model release forms. Basically a model release form is used when photos are going to be used commercially and are designed to create a balance between the photographers right to the image and the subjects right to their likeness.

Of course, the specific use of the release forms is much more complex and comes with a set of legal considerations. Dan Heller, author of Photographers Guide to Model Releases, discusses many of these issues. The basic outline for determining whether or not a model release form is needed depends on if the photo will be sold commercially, if the person in the photo is readily identifiable, if compensation was given to the model, and if the photo was taken in a public or a private setting. Heller explores the complex issues that can arise from these basic questions. Excerpts from his book can be found here.

Since model releases can be so complex, it is probably better to use one if in doubt. The release document can be short and simple like this one, or longer and more specific like this one. These releases can also be used retroactively, so you can sell a picture you took years ago if you get the model release now. Obviously it is easier to get the release at or near the time the photo is taken, but as long as you have one when the photo is sold you should be alright.