5 Things to Consider when Drafting a Model Release Form in New York
It’s no surprise that using models in your business advertisements, promotions, or even product testing can potentially bring huge financial benefits3 min read
It’s no surprise that using models in your business advertisements, promotions, or even product testing can potentially bring huge financial benefits. It is however, important to keep in mind that when working with people, there are applicable legal laws that must be taken into consideration. This is especially key when it comes to models’ rights, which includes important rights of privacy and publicity.
For any business or individual looking to use models in their projects, it is crucial to draft a model release form or model release agreement. Such an agreement should pave the way for usage of the model’s image, likeness, and other such information, without the risk of violation of their legal rights. As New York is an influential market in the world of advertising and marketing, having knowledge of the applicable laws and regulations is key to a successful collaboration with models. For those of you based in New York, or even those of you looking to use models in New York, here are the top 5 things to consider when drafting a model release form.
1. Exclusivity and Rights Release
When drafting a model release agreement, it is important to keep in mind the importance of specific exclusivity and rights release. This involves making sure you have specified, in writing, which rights you would like the model to endorse and allow usage of in regards to their image and likeness. It’s wise to consider the manner and mediums in which you would like the model to be represented in, and the period of time it would be used. While it is typical to request exclusivity rights, many times- models, especially in New York, do not always agree to granting exclusivity rights.
2. Usage Rights and Intellectual Property It is important to ensure that usage rights, as well as intellectual property, are aptly covered in the agreement. This includes specifying any potential external use of images/representations of the model, or usage of the model’s name, images, likeness, and so on to produce, distribute, or even manufacture products.
3. Additional Compensation
When models provide their services to clients, the client is usually expected to provide some form of additional compensation, often in exchange for the services and/or the model’s time. In the model release agreement, these forms of additional compensations should be outlined, along with a detailed description of the terms and conditions that guide payment/compensation expectations. It is important to note that in New York, models are today expected to be paid the same as previously agreed to, regardless of how their contribution to the product may have changed, shifted, or been modified in production.
4. Indemnification and Waiver
This is another aspect that must be included in the model release agreement prior to the model’s signature. These should be included as clauses that protect you and your company from any potential violations or legal infractions the model may be responsible for. It is especially important to include indemnification and waiver language specifically relevant to the state of New York.
5. Emergency Contact Information
It is essential that emergency contact information remains readily available in the model release agreement. This information includes legal contact information, in addition to contact information of the model that could also be used in the case of an emergency. Details such as name, address, phone number, email, and other such information should be included.
Keep in mind that when working with models in New York, there are a number of regulations and laws that may come into play, and careful consideration must be taken in regards to drafting a model release agreement. Having an experienced business attorney review the agreement prior to completion would be a wise choice.
Topics:
