Advanced SearchHow do I correctly fill out a model release?
Releases need to be signed and dated by the model in front of a witness. All signatures must be done by hand: digitally added signatures are not valid. The witness cannot be the photographer or the model, but must be a third party. The model (or parent, in the case of a minor) needs to complete the model information section, including a physical address (see the sections below on PO boxes and homeless individuals for certain exceptions) and a phone number. The ethnicity and visual reference sections of the release are optional. The witness is witnessing the model (or parent) signature, and not the photographer.
We see all types of model releases submitted, some valid some invalid, some new and some old. Ultimately the legal responsibility to make sure the release is valid lays with you the photographer.
Let’s look at some of the common issues people face with model releases:
1. Date range of a release
iStock does not accept catchall or multi-shoot releases for any models. You have to get a new release signed for each of your shoots. Blanket releases that cover months or years are highly unlikely to be held up as legal in a court of law. Essentially it would give you the right to upload any photographs, taken at any time of someone you have a release for. A judge would likely conclude that the model didn’t intend this.
You can however specify a small period of time if a shoot is stretched over a few days. Certainly think days here, not several weeks or months. This period should be explicitly specified in the shoot date e.g. 13th to 15th June 09.
But, you might ask, surely I can just keep a single release on hand for my spouse? For my kids? You aren't going to make me sign a new one every time I take their picture?
Family relationships can and often do get a lot more complicated than professional relationships. Partners get divorced; siblings and children have arguments and falling-outs with each other and their parents. The ex wife or husband that was your number one model while you were together could attempt to sue you for selling images of them that they hadn’t agreed to. How can you prove you did have permission without a release for that specific shoot?
A model you work with frequently may say it’s fine to use any images of them; it’s tempting to then use a catchall to make things easier. What happens then if you take, upload and sell a candid while she’s applying makeup or changing? She doesn’t realize you’ve taken the shot, see’s it in use, freaks out and you’ve got a big issue without a leg to stand on legally.
We all hate to think about the worst case happening — but that's exactly what a legal document needs to do.
We have been tightening up on this area lately. We will begin strictly requiring that every photographer or videographer completes a new release for each model for each and every shooting as of September 1st, 2009. We feel that the reason for this shouldn't be surprising to anyone: blanket releases that cover months or years are problematic.
The only exception to this standard is for self-portraits. You’re very unlikely to sue yourself. If you do, you can’t possibly win! iStock will accept catchall self portrait releases.
•Get a new release from a model — no matter how close your relationship to them — for every new shoot that you do.
•Specify a range of no more than a few days for shoots that take a little longer, and use one release for them.
Don't:
•Specify a date range of weeks, months, or years, and use it repeatedly for one model.
We require a new release for each shoot for everyone's protection in any worst case scenarios that might arise. Don't leave yourself unprotected.
The one model that we will allow a catchall release for is yourself.
2. Shoot Description/Ref.
Each release should have a description or reference of the shoot. This can be as simple as ‘Business stock on white background’, more specific or something far more descriptive linking to an indexed document with full description of all aspects of the shoot. It’s an important field to make sure there’s no confusion later on about what was or wasn’t released.
3. Digital Signature
A real physical signature must be present on the printed release. The rest of the information can be printed out in some type of template method if you are shooting the same person on many different occasions.
You, the model and the witness all have to sign a physically printed release. You cannot add signatures scanned from other releases or pieces of paper, or sign directly in Photoshop with a mouse or tablet. The scan or photograph must be of a real physical release.
4. Photographer’s Signature
A photographer’s signature must be added to ALL new releases, standard iStockphoto and non-standard.
5. Old Releases with Old photos
You may have some older photos taken years ago along with an old style iStock release. We still accept these.
6. Witness Signature Date
A witness signature is required on all releases. They are there to witness the model signing the agreement, therefore they must sign at the same time on the same day.
7. PO Boxes/Military APO Boxes etc.
Some people in rural areas simply do not have a 'physical address'. PO Boxes & Military APO boxes are OK as long as all other info is filled out correctly. E.g. telephone numbers, full name, shoot description, etc.
8. Releases for models in the scene: no more, no less
There must be a model release for each model that is recognisable in the scene, but there also shouldn’t be extra ones. For instance, in a shoot with 10 models where only 8 are in one shot. The photographer needs to only upload 8 releases for that shot.
9. Telephone number & email address
A telephone number IS required. An email address is NOT required. Very old releases (for images shot a long time ago) with no telephone number are ok e.g. the very old iStockphoto ones.
10. Date of birth
Date of birth is required on new iStockphoto releases. Some older releases or non-standard releases do not have this field and so aren’t required. To sign a model release, the model must be 18 at the time of signing. If they are not 18, then a parent or legal guardian must sign the release.
For old or non-standard releases with no date of birth you may need to prove the model is over 18 if the inspector thinks they look underage. This can be achieved with a new iStock release.
Any children under the age of 18 must have a release signed by their legal parent or guardian.
11. Size and legibility of scan
A release must be of sufficient font size to be easily readable and of legible quality. If it’s too small to read the printed text or writing, or if the scan is bad quality then it will be rejected and a new release/scan requested.
12. Homeless persons, nomads and tribes etc.
This is a grey area. How can someone with no fixed address or telephone sign a valid release?
We will accept these IF the following are strictly adhered to:
- The person must fill out the release with all info they can: Full name, date of birth etc.
- Add some kind of location information in the address part.
- After all parties have signed, take a picture of the person holding the release up to their face. Then stitch that photo into the release when you upload it.
This can only be used in situations where the person is genuinely without an address. Using this for a regular person to avoid adding the address / phone number will result in a rejection. Again, this is a grey area… and those rare cases are inspected on a case by case basis.
13. Generic, custom and translated releases
With the exception of official iStockphoto, Getty Images & Jupiter Images releases, all releases must be in English. As mentioned in the beginning, we offer our standard iStock release in 12 different languages. For a non-standard release you can add a translation after the English part, however the model must still sign all of the English fields. Using a generic or custom release can cause delays in image approval time, as inspectors seek out second opinions. Note also, that generic means that no other stock agencies can be specifically named in the release.
14. Property releases
They are similar to model releases, though we ask for them for different reasons, and primarily because they release different rights; While a MR deals with personality rights, property releases allow for the exploitation of something that’s owned / created by a person, such as works of art, architecture, or structure that’s identifiable to/or can be traced back to an individual.
The same rules as model releases apply for how they are filled out, where the property owner completes the information that would correspond to the model information in a MR.
Afterword — JJRD
Since day one, the Inspection process here at iStockphoto has been and still is a vibrant machine that keeps on adjusting to our growth, to the progression of digital technology and to the expectations of our community, clients and contributors alike. As an example, let’s just state that our basic definition of ‘compression’ or ‘discoloration’ must have changed twenty times since we began inspecting photographs: we are an evolving machine running on evolving standards.
Now, let’s be clear: the very last thing we wish to do is to limit a photographer, an illustrator, a videographer or any creative individual’s rights. At the end of the day, do remember that everything in this article strictly refers to ‘stock’ (as opposed to Editorial photography, for instance).
Stock photography involving models is an art form and a complex one at that, one that encompasses how people live & how to sum up any given social timeframe in but a few images. If we are to improve in our overall offering as we grow as a community, the only logical path for us to take is one that reflects the respect that we have for what we do & our willingness to play by simple rules that will allow us to get to the next level of our evolution.
As our standards have tightened over the years regarding artistic & technical aspects of any given file, so have our legal standards. With this article, we are not introducing a massive change in Inspection standards: we are simply asking some of our contributors to play safer, for the benefit of all involved.
Again, as ThePrint & Sirimo stated, this should be no surprise: as a photographer or as a videographer, one has to get a new release signed for each and every shooting. It’s that simple: again, blanket releases that cover months or years are by definition problematic. That is why, for photo and video shootings having been realized after September 1st 2009, we will now be asking all our contributors to play by the very basic rules of our industry: one release per person per shoot.
Note: The information provided in this article relates specifically to iStockphoto practices and policies, and in no way constitutes legal advice.
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