Model Release Question for Charles

[Digital Prophet]

Ok this is a question for Charles or any other person that shoots nude or semi-nude. I have a friend that has decided that she would like to have some semi-nude and lingerie shots done as a gift to her boyfriend. What I am wondering is this: are there specific clauses that I need to include in a release since this will involve "romanticly" themed poses?

Currently I have a general model release but what I could really use is a example of the type of verbage I need to have in this release. Or do I even need a separate release for this type of work?

Any advice that you (Charles) or any of you can give would be appreciated.

- Digital Prophet -

[charlesu]

Are you going to publish the images or is this for her and her boyfriend? If it is just for them, I don't believe that you need a release.

However, if you are going to publish there are lots of issues and as I am not a lawyer, I don't give legal advice. So, any suggestions I offer are not meant to be legal advice.

I'd suggest hitting the library or amazon.com and getting read up. the ASMP and other orgs have sample forms available. Some books even come wiht CDs that have sample forms you can use, edit, etc.

I think many releases are very similar but everyone has his or her own take. I have a friend that modified his to include a paragraph that acknowledges that he behaved in a professional and appropriate manner. Some releases are very short and open ended. Some are very detailed.

Bottom line is that this is an important thing and you should read and do your research. I don't recommend relying on what you see in forum posts.

I do hope this is helpful.

[Andy_T]

Not really my area of expertise here but my gut feeling tells me if this girl wants to do some lingerie shots as a gift to her boyfriend, she would rather NOT have these shots publicised.

So, there might be a chance that she reacts adversely to a question if she could sign a model release to allow you to publish the photographs. You should rely on your gut feeling for this (apart from following charlesu's very good advice of researching this in detail)

Best regards,
Andy

[Longwatcher]

I am not a legal person either, but it seems what you need is more of an agreement rather then a model release.

If you will be getting permission to use the pictures for yourself, be it portfolio, art, or other use, then you would need a model release. Since you are doing nudes (or at least lingerie). The first thing you should get before she changes and after she signs the release is a picture of at least her face holding the release and her photo ID at a resolution where you can make out her birthday on the ID and clearly read the release. This will provide proof that she was of legal age, you checked, that she agreed for you to be able to use the images and was fully aware of what was in the release (or was at least given the opportunity - I have seen some models sign it without paying attention).

If however, you will not be using the images yourself, then you should not need a release, but what you should need is an written agreement of what the pictures are for and what you will provide. Same thing you would do for any photo assignment for which you would be paid for. You may wish to take a picture of her with her ID just to prove she was of legal age when you tok the pictures, but otherwise you shouldn't need anything special just for nudes. It is just a full body portrait shot after all. Now I might include a clause to the effect.

"Photographer agrees not to use any of the images showing or depicting nudity (or implied nudity) for any purpose other then the production of prints for the client/model without the express written permission of the client/model."

but only if the model would feel better to have a clause like that in the agreement. I have noticed having that clause actually frightens off more people then leaving it out except upon request.

Just my experience and opinion. remembering that I am not a legal expert.