What is a Model Release Form ?
We follow the Royal Photographic Society guidelines and standards on working with models and insist on the signing of a model release form that establishes a contract between the photographer and a model, defines how and where photographs may be used and the basis of any remuneration. It protects both the photographer and the model in the event of any dispute – provided the parties have abided by the terms of the release.
I have always insisted on the use of releases all the way back to 2015. It is my protection as well as yours. It is non-negotiable if you wish to use my services. And if a photographer does not mention a release form or explain what one is then you should be extremely wary of contracting their professional services.
The law in relation to the right to use a model’s photographic image is not codified in one simple English law. Whilst the copyright in any photographs taken of a model will almost always vest in the photographer (or the photographer’s employer), there is a whole raft of laws under which, potentially, a model might be able to prevent legally the publication of the model’s image. These laws include:
1 Section 85 of the Copyright, Designs and Patents Act 1988 which provides that a person commissioning a photograph for private and domestic purposes has the right to prevent copies being publicly issued. This does NOT permit the person signing a commercial model release from having any rights to prevent publication, syndication and sharing.
2 The Data Protection Act 2018 (the “DPA”) (which implements the EU’s General Data Protection Regulation (EU 2016/679 ) into UK law) under which an image, particularly used in association with the model’s name, could amount personal data and therefore use without the model’s consent could amount to a breach of the DPA.
3 Breach of confidence. Whilst there is no statutory law of privacy in the UK, case law relating to breach of confidence is gradually being developed to prevent unauthorised publication of an individual’s image (usually a celebrity).
4 The law of contract. The engagement of a model with me or with DM Studios would usually amount to a contract. Express or implied contract terms may govern what may or may not be done with a photographic image. Hence why I have always had models sign releases that protect me from any upstream action or reaction down the line.
To ensure that I can lawfully use the photographs taken of the model for the purpose I require, I must seek permitted consent in writing from the model and this is the primary purpose of the model release form.
Please download, print and complete the RPS model release form here or ask me for a printed copy on the day
Identification
I also require two forms of identification on the day, driving licence or passport showing date of birth and age, and also a bill or an official letter with your address on. These will be photocopied and stored along with the signed completed release and that stored in full compliance with GDPR.