When You DO and DON’T Need Model Releases for Photographers

Imagine you just shot the most beautiful photography session of an engaged couple at the beach. Not to brag, but the photos were some of your best work ever — from the lighting to the angles.

You can't wait to settle into your favorite chair and upload the images to your photography portfolio. After all, when potential clients see these, how can they not want to book with you too?

But a nagging fear pops into your mind: You didn’t have a contract in place and forgot to ask your subjects' permission to post these photos.

Should you throw caution to the wind and just post them anyway? After all, they were such a nice couple! But what if they don't want them posted?

Would this come back to bite you?

We've all been there.

So, what do you do?

My personal take: Avoid this situation altogether by getting yourself a model release for photography.

A model release for photography gives you written consent from clients for you to use the images from their shoot in your marketing material, your website, your social media, and so much more. It sets expectations for using photos so you can show off your best work worry-free.

I'm Paige Griffith, a licensed attorney and founder of The Legal Paige®. We make it easy for small business owners to get legally legit with contract templates.

I started a photography business while in law school and fell in love with entrepreneurship! I use my personal experience and legal knowledge to help you grow and safeguard your business.

I've put together the legal basics about model releases for photographers for you. I’ll answer questions that come up a lot among photographers, including when you do and don’t need one. Then we’ll cover a few of your options when a client doesn’t want to sign a model release form.

What are Model Releases for Photographers?

A model release for photographers is a section of a contract or its own legal document. Your client signs it to give you as the photographer permission to use their images. They’re typically required for photos you’ll use for marketing or advertising. And we know marketing your photos is vital to gaining prospective clients as a photographer!

A model release for photos needs to be very specific about how and where the photos can be used. If a photographer uses the images outside of the context of the model release, they may run into future legal issues with their client.

As a photographer, it’s a great business practice to try to get your client to sign a model release. A model release lets you use the images online and in a public setting. For example, you may want to use these images at bridal conventions to attract potential clients or on your website. This is a great way to promote your business and build your clientele.

Further, a model release provides you legal protection if the client says later on that they do not want their images public. Or if they claim they never agreed to it.

Oftentimes, clients will change their minds and will try to say that you do not have permission to use the images. When that happens, you can refer the client back to the signed agreement to avoid serious legal issues.

Even if you choose not to use the photos, it is better to have the release signed as an extra safety net.

When You DON’T Need a Model Release for Photography

If you're feeling like you probably don't need a model release for your photography, check these two main factors:

1. Whether the individual is identifiable in the photograph.
2. Whether the photo will be used for commercial, editorial, or public display purposes.

In general, you don’t need model releases for photography if:

• The person in the photo isn’t identifiable.
• The photo is being used for news, blogs, or educational purposes (though you need to be very careful not to use these types of materials for marketing purposes without a model release)
• The photo is for personal use, like family albums or private sharing.
• The photo is taken in a public place where people typically don't expect privacy.

How Does it Work for Photos Taken in Public Places?

Generally, a model release isn’t necessary if you’re capturing photos on public property. For example, you often don’t need a model release for landscape or street images. However, if you are shooting private property or pets (which are considered property) you will need a property release.

Keep in mind that laws for images in public spaces vary from state to state. (California, for instance, has specific paparazzi regulations). It’s important to check the privacy laws specific to your location to make sure you’re compliant.

When You DO Need A Model Release for Photography

1. When using photos of someone to advertise

Are you posting photos or videos on your website inviting people to buy your photography services?

If so, then you should absolutely obtain a model release for those photos.

If you use clients’ photos to advertise your business without permission, you could risk being sued under privacy laws.

In a court of law, they consider whether an image is “commercial in nature.” Better safe than sorry here!

If you think you may want to use images to advertise your business, I recommend including a model release for photography in your client contract.

Pro Tip: Include a Model Release Clause in your photography contracts that allows you to use images for marketing purposes. You’re already having your clients sign a contract, so this is a simple business practice to implement. Also, talk to your clients about why you included it.

At The Legal Paige, we provide thorough, user-friendly photography contract templates. All of our full-length photography contracts include this clause.

You can also add this MODEL RELEASE CLAUSE from The Legal Paige to your existing photography contract. It includes legal language from attorneys and easy fill-in-the-blanks for you to gain peace of mind today!

2. When using photos in a way that looks like the model is endorsing your business

This is very similar to the point above, but I recommend getting a model release for any photos that could be considered “endorsing” your business. This applies even if you didn’t intend it to be an advertisement.

For example, placing text on an image may not seem like an advertisement to you, but could be considered an “endorsement” in a court of law. Anytime you enter the gray area by using images, obtain a model release.^[1]

Pro Tip: Even when photographing friends and family, ask them to sign a model release. This may seem silly and unnecessary, but in case of a family feud, you don’t want your business to be in jeopardy of a lawsuit.

This Model Release Form Template by The Legal Paige for photographers and videographers offers four types of releases you can send to clients. It includes options for adults and adults signing on behalf of minors. It’s attorney-drafted and reviewed, easy to use, and offers so much peace of mind!

Not sure WHO needs to sign for a family photoshoot? This blog article can help: Family Photography Contracts (and WHO Should Sign Them).

What to Do If Your Client Does Not Want to Sign A Model Release for Photography

Imagine this: you have been talking back and forth with your DREAM photography client. But right before they book they ask to change your model release because they don’t want you publishing pictures due to privacy concerns.

What do you do? Do they have to sign it? Can you still shoot?!

Don’t worry, you have a few options regarding the model release. BUT overall, yes, the photoshoot can proceed.

The purpose of a model release for photographers has nothing to do with the actual photoshoot. A model release simply allows you, as the photography business owner, to use the photos/images in your advertising. For example, on your website, social media account, or the software platform you use to connect with your clients.

As a photographer, you can proceed with a photoshoot regardless of whether the client signs a model release for your photography business.

You still need to enter into a contract with a client before shooting. A basic client contract regarding services and fees can be entirely separate from a model release.

So it’s 100% possible to simply take out your Model Release Clause or customize the one you normally use to please your client.

4 Options To Handle It if a Client Doesn’t Want to Sign a Photography Model Release

1. Modify the Model Release Clause Without a Fee

Option #1 is to modify your Model Release Clause to become a Privacy of Images Clause.

A Privacy of Images Clause should say that you agree to complete confidentiality of the photos (except anything you and the client have agreed to in writing).

This option reassures your client that their images will remain private. It tells them that you won't share the images with any third party (including vendors) or use the images for marketing purposes.

You may choose this option out of respect for the client’s wishes and to build customer satisfaction.

This Privacy of Images Clause Template is drafted and reviewed by lawyers at The Legal Paige. It’s available for photographers who want to easily adjust contracts when clients prefer to keep their images private.

2. Modify The Model Release Clause With a Fee

Option two is similar to option one…but with a fee attached. This is a way to reimburse your business for the lost advertisement opportunity of using the client’s photos.

When working with celebrities, it’s common to attach a fee to the Privacy of Images Clause (and likely additional NDA). Celebrities pay photographers for complete privacy. This gives them exclusive rights to the copyrights of the images and allows them to choose where their images are displayed.

How much should the fee be to modify a model release?

Enough to encourage clients to sign a model release and compensate you fairly for the loss of copyright ownership (if applicable). Photographers usually charge around 10-25% of the total package fee to add a restriction on a model release.

3. Customize The Model Release to Fit Your Client's Requirements

Option three is to customize the model release to meet your client's needs.

You can always create a “limited use” agreement with your client. This may include guidelines such as:

• Only using the images in your printed portfolio, or
• Only using the images on your website and not on social media, or
• Only using “3” images of the client’s

If you take this route, make sure that you clearly explain what is in the customized model release. You don’t want any confusion about how the images may be used. We’ve included an option like this that you can input into your existing contract in our PRIVACY OF IMAGES CLAUSE.

4. Require a Model Release

The last option is to always require a model release.

As a business owner, you have the right to implement any policies you want. This means that you don’t have to enter into a photography agreement without a signed model release.

However, if it is your policy to have a signed model release to shoot, you should regularly enforce the policy. Clients should be aware, as soon as possible, that this is a firm policy held by your company so that everyone is on the same page.

A client may have many reasons why they do not want their images publicly posted, and it is your responsibility to respect that as a photographer.

For instance, clients who are celebrities, influencers, or government officials are often very concerned about maintaining privacy. For that reason, they may not agree to the traditional model release. Many people are also uncomfortable with publicly sharing their children's faces online.

At the end of the day, you cannot force your clients to sign anything they’re uncomfortable with.

The Legal Paige Take…

Overall, if you intend to make a profit from your photography, and growing your business, I recommend getting into the habit of obtaining model releases for photography in just about every case!

An issue that we see photographers run into a lot is not having a model release built into their process with clients, especially in their main contract. Without it, they can't legally use some of their best photos to promote their business. This limits their ability to showcase their work.

But when it comes between a model release and your client’s comfort level, my opinion is that you should typically side with your client. You don’t want to make the client feel uncomfortable by trying to convince them to sign it. Their happiness is more important than using the images for other purposes.

Still, you are always within your right to charge a privacy fee or never shoot without the release for your preferences and safety. You have control and need to do what is best for your business.

So incorporate a model release clause or model release form regularly to stay ahead of the game. And know that you can make adjustments to deliver an excellent client experience!

THIS BLOG POST IS NOT A SUBSTITUTE FOR LEGAL ADVICE. EVERY SITUATION IS DIFFERENT & IS FACT-SPECIFIC. A proper legal analysis is necessary based on your location and contract. Consult an attorney in your home state for advice regarding your contract or specific legal situation.

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^{(1) Emma Perot, The Conflict between the Copyright of Paparazzi and the Right of Publicity of Celebrities, 2021, https://tiplj.org/wp-content/uploads/Volumes/v30/Perot_Final.pdf}