Model Release Form

A Model Release Form (this form) establishes a contract between the photographer/videographer and the model (you), defining how and where photographs and videos may be used. It protects both the photographer/videographer and the model in the event of any dispute – provided the parties have abided by the terms of the release.

Legal Background

The law in relation to the right to use a person’s photographic or video image is not codified in one simple English law. Whilst the copyright in any photographs or videos taken of a person will almost always vest in the photographer/videographer (or their employer), there is a range of laws under which, potentially, a person might be able to legally prevent the publication of their image. These laws include:

The law of contract: The engagement of a model would usually amount to a contract. Express or implied contract terms may govern what may or may not be done with a photographic or video image. Any dispute arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Section 85 of the Copyright, Designs and Patents Act 1988: This provides that a person commissioning a photograph or video for private and domestic purposes has the right to prevent copies being publicly issued.

The Data Protection Act 2018 (DPA): Under the DPA, an image (particularly when used in association with the person’s name) could amount to personal data. Use without the model’s consent could amount to a breach of the DPA.

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 (typically a celebrity).

To ensure that the photographer/videographer can lawfully use the photographs or videos taken of the person for the intended purpose, consent should be obtained from the model, which is the primary purpose of this model release form.

Any dispute arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Parties:

The Photographer : The Contemporary Headshot
The Model (You) – The name you specify below

Definitions:

The following words shall have the following meanings:

Photographs and Videos: The photographs and videos taken of you.

Narratives: Any accompanying text or narrative developed by the Photographer/Videographer in relation to the Photographs and Videos.

Model: The name you specify below in the form.

Engagement:

The Model agrees with the Photographer/Videographer to the Consent, Locations, Assignment/Waiver/Agreement, Consideration, Restrictions, and Other Provisions below in return for free and full use of photographs and videos delivered in a digital format. The Model agrees that the Photographs and Videos may be altered or modified in any manner using editing software for the purpose of enhancing the image or footage. The Model acknowledges and agrees that the Photographer/Videographer may use the Photographs and Videos as part of broader artistic concepts. This may include compositing the Model into a different background or context, creating an artistic expression that differs from the original environment in which the Model was photographed or filmed. The Model consents to such artistic expressions, provided they do not represent the Model in a derogatory or harmful manner.

Consent:

The Model consents to the commercial use of the Photographs, Videos, and any accompanying Narratives, including but not limited to the sale of books, prints, exhibitions, and other media in which they appear. The Model also consents to the following:

Publication in any media (paper & digital).
Public display (e.g., in the context of an exhibition, either online or at a physical location).
Portfolio display (e.g., on the photographer/videographer’s website).

Locations:

The Model irrevocably consents to the Photographer/Videographer using the Photographs, Videos, and Narratives in the following locations:

United Kingdom & Worldwide.

Assignment/Waiver/Agreement:

Subject to the Restrictions below, the Model:

Agrees to waive any moral rights in the Photographs, Videos, or Narratives, including but not limited to the right to object to derogatory treatment or to be credited, to the extent permitted under the Copyright, Designs and Patents Act 1988.
Irrevocably assigns to the Photographer/Videographer all rights, title, and interest in the copyright of the Photographs, Videos, and Narratives to the fullest extent permitted by law.
Waives any right to any future payment for the use of any of the Photographs, Videos, or Narratives for any purpose to which the Model has consented.
Agrees they shall have no entitlement to royalties, licensing fees, or any other form of payment in connection with the commercial use or sale of the Photographs, Videos, or Narratives.

Consideration:

The Model acknowledges that this agreement is binding regardless of whether any monetary payment, service, or other consideration is exchanged between the Photographer/Videographer and the Model. The Model further agrees that the provision of digital copies of the Photographs and Videos, or the opportunity to participate in the shoot, constitutes sufficient and adequate consideration for the purposes of this agreement.

Restrictions:

The Photographs, Videos, or accompanying Narratives shall not represent the Model in any derogatory manner. This includes the image, footage, and any narrative/context associated with the material. The Model will only be publicly named if they agree to this (otherwise, only a first name will be used).

Other Provisions:

The Model agrees that the terms of this Model Release Form are for the benefit of the Photographer/Videographer and any licensee or assignee of the Photographer/Videographer.
By signing this form, the Model confirms that the Model is at least 18 years old.
The Model represents and warrants that they are not subject to any legal or contractual obligations that would prevent them from granting the rights and permissions outlined in this agreement.
This Model Release Form shall be governed by English law.
The Model has the right to exercise their rights as a data subject under the DPA/GDPR at any time by writing to the Photographer/Videographer at info@contemporaryheadshot.com. This will not affect the lawfulness of any processing carried out by the Photographer/Videographer before the Model withdraws their consent.
The Photographer/Videographer is the data controller and responsible for the personal data comprising the Photographs, Videos, the Model’s contact details, and any related personal data.
The Photographer/Videographer will process personal data solely for the purposes outlined in this agreement, including the publication, exhibition, and commercial use of the Photographs, Videos, and Narratives.

Non-Revocation of Consent

The Model acknowledges that their consent and agreements under this Release are irrevocable and binding, whether or not the Photographer/Videographer charges a fee for the shoot or provides other services.