Model Release Form: Frequently Asked Questions
Understanding Copyright Law and Regulation for Proper Model Release Form Usage2 min read
When it comes to understanding the proper use of a model release form, it’s important to understand the basics of copyright law and regulation. Model release forms are signed agreements between a model or other person being photographed and the photographer or other entity intending to use the image of the model. In the State of Texas, including the Greater Dallas area, the State Copyright Office governs and regulates the display and use of both private and commercial images. Understanding the details of the model release form and the copyright laws is important to ensure legal protection. The following are some of the most common questions asked about model release forms.
What is a Model Release Form?
A model release form is a contractual document signed by a model giving permission to a photographer or other entity to use the pictures taken of them in publications. The form changes depending on the needs of the photographer, but generally describe the nature of the photographs, the proposed use of the photographs, the identity of the model, and the remuneration of the model. Depending on the agreement, the model could receive a lump sum or royalty payments for the use of their photographs.
Is a Model Release Form Required for Use of Photographs?
Yes, in the State of Texas and most other jurisdictions, a model release form is generally required for all commercial use of a model’s likeness and image. This is because copyright law in Texas requires that permission be granted before using photographs and other intellectual property. A model release form is a legally binding document that gives express permission to the photographer or other entity to use photographs commercially.
Do Models Have to Be Over 18?
Yes, generally speaking, in the State of Texas, models must be over the age of 18 to give permission for the use of their images. If the model is under 18 the model must have the written permission of a parent or guardian. In fact, any model under the age of 18 must have parental permission before being allowed to work or sign a release form.
Do Models Ever Receive Royalties for the Use of Photographs?
Possibly, depending on the terms of the release form the model may receive a lump sum payment, royalties, or other compensation for the use of their photographs. When signing a release form, it is important that the model understands the terms of the agreement in order to protect their future earnings. For this reason, it is important to consult with experienced business attorneys to understand the implications of signing a release form.
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