Starting a business is an exciting endeavor, but it’s also a complex one. One of the tasks involved in setting up a business is ensuring that legal requirements are met. One of the most important requirements is the use of model release forms. Model release forms are legal documents that allow the photographer, publisher, or whoever holds the rights in a photograph, a written permission to use that photograph. In New York, as with any other state, understanding the regulations concerning model release forms is critical to business success.

This article will guide business owners who are new to New York's model release forms through the basics. We’ll cover the who, what, when and why of the release form, as well as provide some practical information on how to get started.

Who Needs a Model Release Form?

Any business, no matter its size, that uses images or recordings that include recognizable individuals must secure a model release form. This includes photographs, audio, video, and recordings of any kind. A business must also ensure that the model release form is completed correctly.

What Is a Model Release Form?

A model release form is a document that grants permission for photographs, recordings, video, or any other material that features a recognizable person to be used for business purposes. The form must be signed by the model, as well as the photographer or person who holds the model’s intellectual property rights, and include all pertinent information.

The model release form must also detail how the images may be used. This includes the scope of usage, a description of the type of material, details regarding where the material can be published, and clear guidelines about ownership of the material when it is published. The form must also outline any payment or compensation due to the model and the manner of payment.

When Do You Need a Model Release Form?

It’s a best practice to secure a model release form as soon as the material is created. This is because the courts typically view a release form as evidence of whether or not the photographer holds exclusive rights to the material.

Why Do You Need It In New York?

New York is particularly strict about the use of model release forms. That’s because New York is home to a wealth of celebrities, models, athletes, musicians, and other public figures. As a result, New York has put in place stringent regulations to protect these public figures’ rights. Obtaining a release form is the best way to protect yourself from any legal disputes related to the use of images of public figures.

Additionally, failing to obtain a model release form in New York can result in severe fines or even jail time.

How to Get Started on a Model Release Form in New York

The first step in creating a model release form in New York is to contact an experienced business attorney. Depending on the size of the business and scope of the images to be used, these attorneys can provide legal counsel regarding specific requirements in New York. Generally, business attorneys are familiar with the complexities of model release forms and the legalities of using images of public figures.

Legal counsel can help businesses craft a model release form to suit their needs, review the document to ensure it meets all legal requirements, and provide a strategy for maintaining compliance with those requirements. In addition, an attorney can also provide assistance to settle disputes should they arise.

Overall

Model release forms are critical for any business that uses images of recognizable people. In New York, understanding the regulations surrounding model release forms is even more important, as the state has stringent laws in place to protect the rights of public figures. Contacting an experienced business attorney for legal counsel is the best way to ensure that your business is in compliance with New York's model release form regulations.

Topics:

Model Release Form,

New York,

Business Attorneys