This is my understanding / interpretation of current UK law with respect to photography and is meant as a guide only. The only firm recommendation I can make is if in doubt seek professional legal advice.• Law courts.
What Are They?
A model release form is, in effect, a licence whereby the subject of an image (the model) gives written permission for the photographer to use the image for commercial or advertising purposes.
A model release form can also help protect the integrity of the model who can stipulate a purpose for which the image(s) cannot be used. An example of this is drug abuse, domestic violence, sexual, political or religious matters. Contravening these stipulations would render the release void.
A release is generally signed by the model only. Should they be under 18 the model release must be signed by a legal parent or guardian. On the perhaps rare occasions that the image is of a deceased person, the heirs or next-of-kin must sign on behalf of the model.
When To Use One:
It is difficult to get a clear definition of when to use a model release form. Unfortunately, failure to get this right can lead to significant legal problems! Generally speaking...
If an image clearly shows an identifiable person AND
The person is either fully or part of the main subject of the image AND
The image is to be used commercially.
...then a model release form is required.
Identification:
Let us study the above three clauses in more detail. Firstly, quite simply, there is no need to use a model release form if the person in the image cannot be unambiguously identified. If, for example an independent third party (a judge!) was to look at the image then at the model and say “yes that’s clearly her / him…couldn’t be anyone else” then that is unambiguous identification. It is important to note that the face is not the only means to identify a person. Silhouettes, distinguishing features and tattoos can all be used to identify someone.
The Subject of The Image:
Secondly, we have the subject of the image. If a person just happens to be walking nearby when a photograph is taken a model release is not required as they are clearly not the main subject of the image. An image of a busy street is bound to include some people but providing they are just part of the general background there isn’t a problem. To keep life simple try to avoid specifically taking pictures of crowds. Since the people of the crowd become the main subject of the image, should anyone of them be recognisable a model release form will be required!
The Intended Use of The Image:
Finally we have the intended use of the image. If an image is to be used for ‘editorial’ purposes only (to a magazine or newspaper) then no model release form is required. If, on the other hand, it is to be used to advertise or support a product or service, this is considered ‘commercial’ use and a release form will be required. Sadly this is the only definition I can find for ‘commercial use’ with the possible exception of ‘anything not covered under editorial use’!
Quite often the intended use of the image will be known at the start. It is useful for this to be written into the Model Release Form as it gives reassurance to the model, particularly if they happen to be a complete stranger and not a professional model.
It is important to note that money has nothing to do with this. An image could be sold to a newspaper for £50,000 (providing it was to be used within a news-reporting context) and no release form would be required. The paparazzi do this all the time! But give the same image away for free to a non-profit organisation for use in its advertising campaign and you could be in a heap of trouble.
Don't Be Scared Be Pragmatic:
The above three items provide a guide as to whether a model release form is required or not and this works fine for the two extremes (definitely YES / NO). The 90% of greyness in between is where you have to be pragmatic.
Firstly people can take offence to complete strangers photographing them in public. This is covered in more detail under"What You Cannot Photograph". If someone does take offence I would recommend you politely apologise and walk away . A far better alternatively would be to approach the person first and ask it they mind. This is the best approach to avoid arguments but can take away an element of candid spontaneity from the resulting image(s).
The vast majority of ‘greyness’ will occur after-the-event. Whereby the image has been taken and now you must decide do I need a release or not? Either way it is important to ensure the integrity of the person(s) in your image. If you photographed a person asleep on a park bench, you would be unwise to allow that image to be used to portray homelessness or even alcohol or drug abuse for example.
If you intend to submit the image to an agency / library the problem will generally be taken out of your hands providing you clearly state at the time of submission that no release is available. Without a model release some agencies will not accept the image at all and others will accept it and sell it on for ‘editorial’ use only.
Summary:
To sum up, if you have any intentions to publish and / or sell your image(s) a model release is a must. If your intentions are unknown at the time, get a release as you will be stuck without one in the future. If you are really not sure then you have 3 options; don't take the photograph, politely just ask permission or get a release. Do however bare in mind that only a model release will allow you to publish / sell in the future.
Sample release forms are abundant on the internet just "sample model release form" into you preferred search engine.
.jpg)
