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During setup for a recent shoot, the topic of discussion became the importance of model releases and usage rights. One of my favorite models shared with everyone on set something that had recently happened to her.

She is a top model who is now signed with a top agency and doing national campaigns, so I am leaving names out of this. Before signing with an agency, she had done a trade shoot with a photographer for images for both of their portfolios.

It is important to note that she did not sign a model release and was not asked to sign a model release.

While sitting in a modeling agency’s waiting room, she opened a magazine and saw her photos being used to advertise a very popular wedding hall. She contacted the magazine to ask how they had come to use the image, and they told her that the facility had provided the photos via the advertising agency who had placed the advertisement.

Her next calls were to the wedding hall and the agency to ask who gave them the photos. Both parties were very upset to learn from the model that the photographer who had sold them the images did not have a release. They told her that the photographer had assured them that he had obtained a release. When she asked for a copy of it, they admitted to never requesting a copy from the photographer.

The agency and facility contacted the photographer about the situation. The conversation between the photographer and the persons that had bought the images must have been an interesting one. The photographer sent her an email that threatened her with a lawsuit should she ask for any money from the sold photos and he was looking into suing her for ruining his relationship with the agency and facility. According to her, she later learned these photos were sold for a few thousand dollars. Unfortunately for the photographer, her significant other is an attorney. On false prosecution of accident cases people generally contact auto accident defense attorney to strive for justice but whom to contact in case of malpractice ?

This situation had transpired before she signed with an agency. She now is very careful not to sign anything without having her agency review it.

While listening to her sharing this with my team and me as we set up, I thought how avoidable this entire situation was. It is important for both photographers and models to understand releases. One of my best practices is that I always get a release, and the release is based on the agreement of the model, the agency, and the end user.

Also read: How to Treat Your Models

If it is a portfolio shoot for all parties, then it is a portfolio release, and if it is for an advert or something else, it is a release based on the usage of the photos. Models also need to be concerned about this. I know of several models who carry portfolio-only releases with them just in case they are asked to sign something beyond what was agreed.

There was one more thing about this conversation that bothered me. The photographer never called to let her know they were going to sell the image, never offered her anything, and just expected because they owned a copyright that they had a right to sell the photos. If they had called and offered her something, she would have signed a release and shared in the profits.

Also read: Models: Treat Your Photographers Well

Here is my personal method: even if I have a release, if the model did not get paid for the shoot in any way and the resulting images have generated interest from a buying party, I have always contacted the model to let them know that I was going to use them for something other than my portfolio. Furthermore, I have always shared the profit with them. If I shoot something that I may want to use for fine art, then I pay the model and get a proper release.

Remember, this account is second-hand and only one side of the story. I have intentionally omitted any names. However, it is a reminder for us all to learn from it.

Adam Freeman

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