Wishy-washy model

[Elisha Frey]

My question is, when does a photographer need a model release form? I have read that some states (I live in Utah) do not require Model release forms when shooting art photography. My problem is I did this amazing photo shoot with a friend. There was some nudity involved but she is over 18. She was super excited about it the entire time. Because she was a friend I didn't get a model release form right away. Very stupid on my part. I had shot with her a number of times before and had never had a problem. After the shoot she decided that she didn't want me to use the photos. I was and still am furious about the entire thing. I want to know what my rights are. I probably won't use the photos anywhere or anyway because of the relationship, but I do want to know what I have the right to do either way. Also I want to know if I need a separate model release form for nudes or can I use a normal model release form. Whatever the outcome this was a very frustrating learning experience. Thank you in advance for all your help.

[oldwolf]

Have a model release for everything! You don't need a special model release for a nude shoot. You do need proof that the model is over 18 for any nudity. At least this applies in the United States. We normally take a picture of their driver's license.

Did you give her the nude pictures already? If so then it's your loss. If you haven't then you shouldn't give them to her if she doesn't want you to use them. That's just my opinion and what I would do though.

[Pinellas Guy]

If I was taking pictures of nudity I would probably make sure the release indicates that somewhere. Though a competent person would know that she just signed a release and would know providing she read it that would give your consent to use the photos in a non defamatory way.

Nudity photos is a sensitive subject..

[faeriegodess612]

You can find downloadable model releases online. I have this one on my computer, as well as one for a minor.



Model Release


In consideration of my engagement as a model, upon the terms herewith stated, I hereby give to _____________________________ [photographer] his/her heirs, legal representatives and assigns, those for whom the photographer is acting, and those acting with his/her authority and permission:

a) the unrestricted right and permission to copyright and use, re-use, publish, and republish photographic portraits or pictures of me or in which I may be included intact or in part, composite or distorted in character or form, without restriction as to changes or transformations in conjunction with my own or a fictitious name, or reproduction hereof in color or otherwise, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose whatsoever.

b) I also permit the use of any printed material in connection therewith.

c) I hereby relinquish any right that I may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.

d) I hereby release, discharge and agree to save harmless [photographer], his/her heirs, legal representatives or assigns, and all persons functioning under his/her permission or authority, or those for whom he/she is functioning, 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 of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.

e) I hereby affirm that I am over the age of majority and have the right to contract in my own name. I have read the above authorization, release and agreement, prior to its execution; I fully understand the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns.


Print Name: _________________________________

Signed:______________________________________

Dated: ______________________________________

Address:_____________________________________

City:________________________________________

State/Zip:____________________________________

Phone:______________________________________

Email: ______________________________________

[SwissJon]

Short and simple.. If you didn't get a model release form, she has the rights to dictate what you can and can't do with her image, unless you were in a public area where there is no implied right to privacy.

It's a mistake I have made only once. Get it signed before you start.

[ajax_andy]

I think you need to post the photos for us to be able to judge the situation properly

Just joking, I think something like nudity is a very sensitive area... I mean she might suddenly have a panic about people she knows seeing her nude, and we all know that people always have hang ups about their bodies which she may now be focussing on and worrying how people will perceive them.

I honestly think that regardless of model release forms you'd be a very bad friend to use the pics for anything if she's had 2nd thoughts. A random model with a release form couldn't really complain and I'd say that you should just do what ever you want with them. However if it's a friend, and even if they had initially given consent i'd not use them if they changed their mind. You'd be a pretty bad friend if you did.

I think the only thing you could ask of her is to maybe pay your expenses if you incurred any due to the inconvenience of having done the shoot and not having anything to show for it... although I wouldn't charge her for your time etc, just the petrol costs etc.

It's a tricky situation and I have photos of friends and family in my portfolio without model release forms... My website will go live in a few weeks and they may not be happy with their pics being on there (they said it was fine but might change their minds), but despite me using those pics because they are my best pics, i'd remove them immediately if they asked... afterall what's more important? Your portfolio or your friend?

[Elisha Frey]

Thank you all for your responses. I haven't been able to do anything with the photos, because I didn't get the model release form. This is a mistake I will NEVER make again. I was mostly just curious to find out what my rights were, even if I didn't use the photographs. I am still quite irritated by the whole thing but I do take responsibility for not getting the release form signed. I guess next time I will just have to be very clear that the photos I take are mine and I will do what I want with them. In the nicest way possible of course. Hopefully some one on this website can learn from my mistake and not make it themselves. Thank you again.

[SwissJon]

Originally Posted by Elisha Frey

I guess next time I will just have to be very clear that the photos I take are mine and I will do what I want with them. In the nicest way possible of course.

Easiest way to do that is by geting the Model Release form signed.. I had a model cancel on me because she didn't want to sign a standard form.. So I mailed another one, and she agreed immediately.. Shame for the first, she misses out on the cash.. She'll learn. (Or give up wanting to be a model.)

[Btdown]

I guess next time I will just have to be very clear that the photos I take are mine and I will do what I want with them.

As a novice here, I'm just curious if this is the general sentiment with most photographers? Or is there generally some discretion used because it involves nudity?

[SwissJon]

Originally Posted by Btdown

As a novice here, I'm just curious if this is the general sentiment with most photographers? Or is there generally some discretion used because it involves nudity?

It depends whether the model is a personal friend or just a model.

If I've hired a model and got a release form, then I expect to be able to do as I wish in a professional manner.
If I've got a friend who is prepared to get naked and make themselves vulnerable in this way then I will be kind and gentle.. For me, a friend is more valuable than a photo, even if I went to some expense. If I start being beligerant about it, I would expect 2 things to happen.. This person would stop being my friend, and the shutters would come down and the rumours would spread and I'd never get any more volunteers.

Being allowed to photograph nudity is a priviledge, no matter what we believe with the proliferation of porn on the internet, people who show us themselves are vulnerable, and we need to respect that.. Despite being disappointed about it, I'd certainly respect the wishes of someone in this situation.. And I would still volunteer to photograph them again.. Perhaps with a few more clothes on and agree to use those shots for whatever purpose, rather than the nude ones..

Think of it this way.. If you go to the trouble of wining and dining someone and take them back to your flat, and think "Oooh, I've got a chance here.." You use all your charms and finally get them into your bed, at which time they decide they don't want sex with you.. To you force them? Forcing yourself on them after they say "No" is rape.. Do you get angry and tell them they're a teasing b*tch? Kinda proves their point doesn't it, you'll never see her again and she'll tell all her friends what a bastid you are? or are you gentle and kind with them and tell them you understand and try to reassure them and respect them? Most likely they'll remain friends.. Maybe even tell a friend or two how nice you are..

Same goes here.. Misuse a "non-model" and forcing the issue because you feel you have rights, and you're basically forcing your will on her.. At the very minimum she'll feel violated.