Why
It is not my intent to sell the images from our shoot. I may, however, want to post the images to social media, to use the images in my portfolios, and to show the images in classes and art shows. And, you may want to use them in similar ways.
In 2018 I learned from Carolyn Wright at Photo Attorney that almost all the release forms used for TFP shoots inappropriately grants all the rights to photographers and give no rights to the model for social media posting. They are completely unilateral. I also learned that if either the model or the photographer ever wanted to submit an image to Adobe Stock, Magnum Photos, iStock by Getty Images, or other stock sites or publications, the images will not be accepted without a proper release. I now use a bilateral form that protects both me and the model and leaves us both with future options.
Model Release Summary
For all the images I give to the model, my release form grants a license to the model to post the images on social media, to use the images in portfolios, to show the images in shows, and to give the images to agencies. If the model wants to post an edited image, the model must ask my permission; I would always give permission provided the editing adhered to the artistic intent of the original edit. Also, if the model wants to sell the image, the model must ask my permission; I would always give permission.
As the photographer, I retain ownership of the image.
I use a phone app called Easy Release. We complete the form and sign it when we meet. You will immediately receive a PDF of the signed form. It saves us time if you text or email me a smartphone image of your driver’s license or passport. I will prepare the form before we meet.
Model Release
Model Release Form, [Current Date]
PHOTOGRAPHER: Johns F. Rulifson (AKA Jeff); jfrulifson@gmail.com; phone: +1.650.924.2758
MODEL: [Name, Email Address, and Phone]
This constitutes the agreement between Johns F. Rulifson (AKA Jeff) (“Photographer”) and Model for this Photography Session Agreement (“Agreement”).
DATE of PHOTOGRAPHY SESSION:
LOCATION of PHOTOGRAPHY SESSION:
PHOTOGRAPHY SERVICES: Photographer will provide the following photography services:
A one-hour photography session
Digital copies of Selected Photographs from the photography session provided to Model
SELECTED PHOTOGRAPHS: After careful review of the photographs taken pursuant to this Agreement, Photographer will edit and present to Model only those photographs that, in Photographer's sole judgment, best represent Photographer's work.
PAYMENTS: Photographer agrees to pay Model $40.
LIABILITY LIMITS: Photographer’s liability for any damages related to this Agreement shall be limited to Payments made pursuant to this Agreement.
COPYRIGHT: As the author of all photographs made pursuant to this Agreement and as provided by law, Photographer retains the copyright in and to the photographs. The parties agree that the photographs are not works made for hire in accordance with 17 U.S.C. § 101, and that Photographer retains those exclusive rights in the photographs provided by 17 U.S.C. § 106, including the rights to reproduce the copyrighted work, prepare derivative works based on the copyrighted work, distribute copies of the copyrighted work to the public, and display the work.
MODEL'S USE OF PHOTOGRAPHS (“LICENSE”): Model may use the photographs taken pursuant to this Agreement for personal, non-commercial purposes, including in Model’s portfolio and display on Model’s personal social media websites, if, when customary, credit is given to Photographer as "© [Photographer]." Model agrees to not permit or assist with any commercial use or sale of the photographs without specific written consent of Photographer. Model may not assign, transfer, or sublicense this License or any rights granted under it, in whole or in part, whether voluntary or by operation of law, without the express written consent of Photographer. Model may not make or permit others to make any alterations to the Images.
MODEL RELEASE: In consideration of Model’s engagement as a model and for other valuable consideration acknowledged as received, Model grants Photographer and Photographer's heirs, legal representatives, and assigns the irrevocable, perpetual, and unrestricted right to take and use the photographs taken pursuant to this Agreement in all forms, media and manners, in conjunction with Model's own or a fictitious name, for advertising, trade, promotion, exhibition, or any other lawful purposes. Model now and in the future waives any right to review or approve: the photographs themselves, the use of the photographs, or the matter that may be used in conjunction with the photographs. Model waives any right to royalties or other compensation arising from or related to the use of the photographs. Model releases, discharges, and agrees to hold harmless Photographer and Photographer's heirs, legal representatives, and assigns from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking, processing, or publication of the photographs.
JURISDICTION AND ARBITRATION. The laws of California govern this Agreement without regard to conflicts of law provisions. Model consents to the exclusive jurisdiction of the state and federal courts sitting in the state of California. All unresolved disputes arising under this Agreement shall be submitted to arbitration in California. The arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $10,000.
MISCELLANEOUS: This Agreement incorporates the entire understanding of the parties. Any modifications to this Agreement must be in writing and signed by all parties. If any provision of this Agreement is held to be invalid or unenforceable by law, the validity of this Agreement in whole shall not be affected, and the other provisions of the Agreement shall remain in full force and effect. No waiver of any breach of any term or provision of this Agreement shall be construed to be, or shall be, a waiver of any other breach of this Agreement. No waiver shall be binding unless in writing and signed by the party or parties waiving the breach. The paragraph, section, and article headings used in this Agreement are intended solely for convenience and reference and shall not in any manner amend, limit, modify, or otherwise be used in the interpretation of any of the provisions of this Agreement.
Model Signature __________________________________________________
Date: _______________________
Photographer Signature ____________________________________________
Date: _______________________
Usage
All words and images posted on JeffRulifson.com are the property of Jeff Rulifson and copyrighted in the year they were published.
If you would like to use any of Jeff’s images, you must have written permission.
Any form of copyright infringement or theft of content from JeffRulifson.com is subject to DMCA takedown notice and/or legal action.
If you have questions about using Jeff’s images, please contact Jeff through the Contact form on this website.