Model Release and Property Release

Understanding Model and Property Release

A Model Release is a legal document provided by the subject of a photograph granting permission to publish the photograph in one form or another.
It protects the photographer’s rights to distribute, sell or use the photos they have taken.
Under the Data Protection Act, photographs of people can be considered as personal data, thus the necessity to have a Model Release to avoid violation.
Property Release on the other hand, is a legal agreement between the photographer and the owner of a property, allowing photographs of the property to be published.
Property in this context includes buildings, animals, artworks, or other intellectual properties that could be the subject of a photograph.

If you plan on using your photographs commercially, it is critical to have a model or property release.
Without a release, these photos could cause legal issues, particularly if the person in the picture or the owner of the property objects to your use.
It is always recommended to ask for permission or a release when photographing people, private properties or products, even if you don’t plan to publish the photos.
Having a model or property release saves you from potential legal trouble and ensures you respect the privacy, personal, and property rights of others.

Model Releases are generally needed when the photo has a person who can be identified, and it’s being used for commercial or promotional purposes.
Intention to sell or earn profit from the photo does not necessarily equate to commercial use. Even if it was for critiques, comments, reporting, teaching, or researches, model release may still be required.
For Property Releases, they are usually necessary for photos of recognizable private property if the image is used commercially.
However, keep in mind that different countries have different laws regarding definitions and requirements for commercial use, and it’s safest to consult a legal professional if in doubt.

The essential elements of a model or property release include details on who’s giving and receiving the release, what it covers, and the terms of the agreement.
The release should also state if it’s given in return for payment.
The document must be signed by the model or property owner, or if the model is a minor, by the parent or guardian.
Sample forms and templates can be found online but it’s best to adapt them to suit your specific needs or get legal advice.
Always hold a copy of the release form. It’s your proof that you have received the necessary permissions to use the photograph.