General guide to model releases in photography


A model release is a simple contract, a piece of paper indicating how your model has permitted you to use the photographs and how much you are paying him or her for that. It's a very good idea to use them if you are shooting paid models for an advertising campaign or similar sorts of commercial usage. While a contract can be made verbally, this is difficult to prove quickly if for instance you are selling the work on through a stock library. In general you don't need them if you are shooting only for UK news or reportage usage. However the law is different in other countries, so beware. Model release forms can be obtained from the BIPP and the AOP, and there is a sample in the AOP's book Beyond the Lens.

If you are using paid models who are under 18, you need to be much more aware of the law. Paid child models have to be licensed, a task which is usually done by the model agency. If you knowingly photograph unlicensed child models you can be prosecuted. If the model has not come through an agency then you must obtain the licence yourself, from the local authority where the child lives. You should request an application form for children in performance; in Manchester this is obtained from the Child Employment Officer on the Education Welfare Team in the council's education department. It can take some time to be issued, although there is no charge.

A consent form is not the same thing as a model release. It is simply a piece of paper signed by the subject (or their parent or guardian) saying they have given you permission to use the pictures in certain ways. It is necessary to get the subject's (or guardian's) consent in certain circumstances, for instance if you have been invited onto private property to take photographs for social and domestic consumption and want to re-use the photos yourself - perhaps you are a wedding or school photographer and want to put the photos into your promotional material.

In other circumstances, for instance if you are photographing in public for editorial or artistic purposes, it is good professional practice to explain to people what you are photographing them for, and ask them whether they mind their photograph being used. Whether you back this up with a piece of paper is up to you. If you take a photo of someone in the street and then distort it hideously and supply an offensive caption, they should sue you for defamation whether or not they gave consent. On the other hand if you run the picture undistorted with a neutral caption, they probably couldn't sue you successfully just because they didn't like the photo - whether or not there was consent given. So you can see that in many cases obtaining a consent form might be meaningless, and it will certainly interrupt the flow of your work. Perhaps the best advice if you do this sort of work regularly is to make a note each time someone is happy or unhappy about being photographed; then at least you have a record if someone ever does complain.

Please note: this general advice should not be relied on as a statement of the law. If you have specific questions about where you stand legally then please contact a lawyer or the legal department of your professional body or trade union. You can find out more information about reputable model agencies at www.camerauk.org.

Redeye is running a day symposium in February 2004 on the whole subject of privacy and permission in photography, with advice from legal experts, so get along to that for further information. Full details will be announced in December.

Finally if you have any comments about this article, especially if you have been involved in legal action which involved a model release, please contact Redeye through the feedback form below, in confidence if you request it.

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