How to Get a Release for Nude Photographs
- March 21st, 2010
- Posted in Nude photo how-to
- By A. K. Nicholas
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Marketing your work can be one of the most gratifying aspects of your photography experience, but it can also be labor intensive. In nude photography it is especially important you have the appropriate permission from your models in the form of a model release that states how the photographs may be published.
A release is an agreement between a model and a photographer. The release can protect the photographer from claims of libel, slander, defamation, or invasion of privacy. It can also help avoid basic misunderstandings and give a comfort level to the use of a model’s photos, especially in the case of nudes.
- Make sure you choose a model release that is appropriate for nude photography. See links at the bottom for samples.
- As part of agreeing to a shoot, make sure the model understands your intended use for the photos.
- Have the release ready after the shoot. Some photographers have the release signed before shooting, but I’m told this can put the legality of the release into question because the content of the shoot has not yet occurred at the time of signing, and therefore the model cannot take it into consideration.
- Before presenting the release to the model, ask the model if she’s signed model releases in the past. If she has not, explain to her that a release is a permission form that allows you to use the images in the way you described when you arranged the shoot with her.
- Present the release to the model.
- Let the model know that she needs to fill in all blanks unless they are marked as optional.
- If she has questions do what you can to address them. It is rare that the model is not comfortable signing the release because permission to use the photos is something that should be discussed before the shoot.
- Ask the model for government issued photo identification for proof of identity and age; make a digital copy of the id with your camera.
- Pay the model after she has signed the release. The payment is in exchange for her time and permission to use the photographs for the agreed purposes.
Here is a link to a sample of a basic nude model release suitable for printing and use as a basic agreement between you and a nude model. It is also a good idea to get a photograph of the model’s driver’s license for proof of identity and age. This release is provided “as is” without any warranty as to its usefulness for commercial work, completeness or appropriateness to your situation or location. Check with a legal expert regarding the laws of your particular location, especially as it pertains to nude photography.
Some photographers prefer to have the release signed before shooting, while others do it after. There is a chance that a release signed before a shoot may be not be legally enforceable since the model may not be able to consider exactly what photos she is releasing. I have the model sign the release after the shoot, and have not had a problem with a model release.
Thanks for clearing the issue. I had doubts myself in regards to when to present the model release. One model told me that she asks for it upfront. I never felt like it was proper for me because she now feels upheld while doing the shoot. I like to present the model release at the end and give her some money as a reward for being at the shoot and develop reliable leads. Some photographers have different opions but thats me.
You can always show her the model release before the shoot (if she wants) and have her sign it afterwards.
Surely there are important privacy issues preventing you from photographing someone’s driver’s licence?
Pete: Employers commonly obtain this information from employees and independent contractors such as models. It is important to safeguard such information.
Good informative post on technicalities beyond point-and-shoot. Thank you for sharing your template. I was wondering if nude photography required a different type of release. Your article and template have answered that question.
That said, since the only addition to a classic release is the last paragraph where nudity is mentioned, perhaps it is possible to simply include this in optional phrasing, such as “If nudity is involved…”
Central to your question is identifying what exactly is being released. In many cases, having the date of the shoot is sufficient to establish which photos are being released. As long as you and your model agree, you have a binding release. But a publisher will often want to be convinced that you have such an agreement. Specifically mentioning the content as being nudes eliminates questions about what is being released. Take for consideration the beauty queen who claimed that her nude photos were taken while changing or adjusting her outfits and were not intended to be released. Stating the exact content in the release precludes such repudiation.
That is actually a good point… I see that this degree of precision beforehand can go a long way later, if need be.
Thank you again!