There is quite a lot of information available on model releases, and there are quite a few people who are still confused about the topic. When it comes to nude photography there are some aspects that are not often talked about. many of the principles are exactly the same for nude and non-nude photography, but there are also differences. Many wiki sites and modeling forums have information, some of which is helpful, but some of which is misleading or flat-out wrong when applied to nude photos. There are a couple of good legal books for photographers that I recommend. These appear at the bottom of the post.

Luckily, it is not the norm to end up in a legal dispute regarding your nude photography. The worst thing that I have experienced is having a publisher delay acceptance of nudes until I could get a proper release signed by the model. But you can save yourself time and potential headaches by having a proper release for your images.

Myth #1 : I need a model release in order to legally take nude photos.
Response: Wrong. Model releases are about permission to use the photos, not permission to take them.

Myth #2: A model release protects my copyright.
Response: Wrong. A model release gives permission to use photos and has nothing to do with copyright.

Myth #3: I don’t need a model release if I shoot nudes in a public place such as the great outdoors.
Response: Yes, you do. This myth stems from fact that people in public places do not have a reasonable expectation of privacy. However, a claim of invasion of privacy is not the only thing a model release protects you from. If the images are used for advertising, you need a release. If the use could in any way be construed as malicious or scandalous (not hard to image with nudes photos, especially years down the road) you have a problem. It’s best to be clear about what you intend to do with nude photos, so put it in writing. Shooting in public doesn’t mean you won’t want a release.

Myth #4: I have a first amendment right to distribute my photos so I don’t need a release.
Response: Your first amendment rights are not carte blanche to distribute nude photos when someone else might have a reasonable expectation of privacy, a right to portray others in a false light, etc. There is plenty more going on than first amendment rights when it comes to releases for nudes.

Myth #5: I don’t need a model release if I’m not making money off my photos.
Response: See myth #4, above. While it’s true that you can sell photos of people without their permission under some circumstances, there is more at play with nude photos. Even if you’re conducting a gallery show or displaying them on the Internet you could be subject to claims including painting the model in a false light if you didn’t establish intended uses clearly in writing.

Myth #6: A generic model release is fine for nude images.
Response: On the contrary, a model release for nude photographs should, at a minimum, state that the model is releasing nude images. This is especially important if any of the images look like they could have been an instance of the model mistakenly revealing more than intended. A good release contains a description of what is being released.

Myth #7: I only need to pay the model $1 or give her a copy of a photo to make the release enforceable.
Response: A compensation clause in a release is used to show that both parties have given “consideration”. This is one of the requirements for having a contract. If you do end up in a dispute, it doesn’t look good to have a payment that is well below market rates for services if you are in the business of selling the images. Inequitable compensation is a big red flag especially if the model has little experience and you have much. If the compensation clause is in question, the whole model release is in question. Pay fair rates.

Myth #8: If the model doesn’t read the release it’s not valid.
or
As long as she signs it, it is valid.
Response: Both of these are wrong. Most releases are written as contracts. If someone signs a contract without signing it, that fact alone does not invalidate the contract. It is up to everyone to read what they sign. However, just because someone signs something, doesn’t mean you have a contract. If you trick or pressure the model into signing without reading, you definitely don’t have a valid contract. So don’t rush the model and don’t try to fool her with long-winded verbiage in the release. If there is no meeting of the minds, there is no contract.

Myth #9: The release should be signed before the shoot begins.
Similar Myth: If I’ve already worked with a model and have a release, I don’t need a release for our second shoot.
Response: I can’t think of a good reason to do this and the practice could be very problematic when shooting nudes. Some photographers want to get the release out-of-the-way. If the model is inexperienced or has questions about what kind of permission and uses you’ll be asking for, you can show her the release before you shoot but don’t have her sign it. It’s difficult to enforce a model release that pertains to images that do not yet exist when the release is signed. Court cases involving model releases have been awarded based on the sole fact that it was not clear as to which specific photos were being released. The model could claim that she didn’t know the extent of nudity involved and thus there was no meeting of the minds and no binding contract. If the photos don’t yet exist, you don’t have a very solid release.

Myth #10: A model release provides the photographer better protection if it is long with lots of legal language, especially in the case of nudes.
Response: Just about the opposite is true. The release need only be long enough to clearly establish what the agreement is and to account for any contingencies. Unnecessarily complex or repetitive language can actually weaken a release. Remember, a contract documents an agreement and the more complicated the language the less plausible it is that both people were in agreement.

I assure you, I have a release for all my photos. Model: Tess I.

Disclaimer: I’m not a lawyer and laws vary by location. Enjoy the above generalizations, don’t fall for myths, and seek qualified experts for your legal questions.

You may enjoy reading:

The Law (in Plain English) for Photographers
by Leonard D. Duboff

and

Legal Handbook for Photographers
by Bert Krages

If you’d like to read more about model releases for nude photography, as well as the interpersonal aspects of working with models, you may enjoy my book Up to My Eyeballs in Nude Women. It covers recruiting models, preparing them for a shoot, getting great results in the studio, and a solid follow through (which includes, of course, an appropriate model release.) This book includes a sample model release that is like what I use.

Recruiting Tip #4

Experienced models know the importance of communication. When doing a nude shoot, there are a lot of questions that can come up. It’s important to get these questions answered before the shoot is booked. Less experienced models are not going to know what questions to ask. When recruiting a less experienced or inexperienced model, you need to use your expertise to help educate them. Make sure you explain what kinds of poses you expect. This needs to be established before the two of you agree that you’re going to do a photo shoot. When it comes to recruiting nude models, images communicate better than words. A well planned and executed portfolio is the core of your communication.

Recruiting Tip #3

Don’t give up if you have trouble finding models. The availability of models can be seasonal, rising and falling in sync with college schedules, weather, economic factors, and a whole array of dynamic elements. Staying motivated is the most important factor in early success.

New to nudes

Some photographers who are new to nudes may jump right in. Others are timid; if this is you, you need to work your way up by shooting other styles of photography. If your photography skills are rudimentary you may wish to learn the basics with landscape and still life to fill in the times you can’t find a portraiture model. Start with friends and family if you don’t feel comfortable recruiting a stranger. Start with fashion if you don’t feel comfortable hiring a glamour model. Work on a glamour portfolio if you don’t yet feel up to photographing nudes or if you’re having trouble convincing models that you can produce worthy images.

At some point you’ll start working with nudes. A certain degree of apprehension is normal. After hundreds of nude models, I still have concerns about making sure a shoot works to its best potential. I wouldn’t say I experience nervousness any more, but rather a heightened sense of attention that keeps me on my toes. If you wait until you have no uncertainties, you’ll never shoot nudes. Somewhere between self-inflicted paralysis and utter calm lies the photographer who is ready to shoot nudes.

Building your portfolio

You need samples of nude shots in order to book your models. Building credibility is an essential step to recruiting models, and nothing builds credibility better than an astounding portfolio. But how do you get your first nudes? This may seem like a catch-22, but you can get there. You may have to add progressively unclothed shots to your portfolio until you have a portfolio of nudes. Shoot clothed models until your work is competent enough to convince someone to do glamorous bikini or lingerie shots with you. I’ve rarely met an attractive woman who wouldn’t pose in lingerie and for implied nudes. Then you can move on to models who do implied nudes (nude from behind, for example) or topless shots. In many cases your first nude model can be one you’ve already photographed clothed. Each time you work with a model, the two of you will build trust and comfort.

There is a first time for everything, and I’ve hired my fair share of models who are posing nude for the first time. I don’t recommend this for beginning photographers, since neither of you will have much experience with nude shoots. But bear in mind that every model who poses nude had a first time.

Eventually you’ll have no trouble finding your first nude model, especially if you work repeatedly with the same model or hire a model who has a lot of experience modeling nude. Finding your first nude model may seem difficult at first, but it’s really not.

Once you’ve finished your portfolio, complete with everything you need to impress prospective models, know this: you’re not done. You’re never done building your portfolio. Periodically review your portfolio and relentlessly eliminate weak or old photos. Recognize what works and stick with it or update it. Your portfolio should contain only consistently strong, recent work.

Here is the general advice that I give models to prepare for a shoot. I’m posting it here in since it may be helpful to other models and photographers. It is in chronological order from about a week before the shoot. Models should read the whole list before beginning the schedule because the order of some steps will vary based on particular situations.

7 Days before the Shoot

• Confirm all details of the shoot and ask questions. Don’t be afraid to call and ask for clarification.
• Know what makeup (if any) you are expected to do before arriving to the shoot.
• Don’t experiment with hair or skin treatments. There’s not enough time to recover from a mishap.
• Don’t change your hair style unless requested.
• Cut back on tanning, which can dry skin. Use sun screen.

3 Days before the shoot

• Do your nails. Unless you’ve discussed otherwise, I suggest trim nails with a neutral color (e.g. French manicure).
  Take care of your skin. Avoid sun exposure, tanning salons. Avoid getting paint, ink or bruises on your skin. Stay moisturized.

2 Days before the shoot

• Get some moderate exercise.
• Get rid of any unwanted hair in your normal fashion. Do this more than two days before the shoot if it normally takes you longer to recover. Don’t experiment with a new method; you won’t know the recovery time.
• Exfoliate dry skin, don’t forget your feet.
• Exfoliate lips if needed.
• If this is your first nude shoot get a restful sleep tonight. You may be a too excited the night before the shoot to get enough rest.

The day before the shoot

• Day before the shoot:
• Pack your kit. Bring moisturizer, a snack, makeup, robe/cover-up. (see my post: Nude Model’s Survival Kit)
• Avoid excessive caffeine or alcohol. Eat sensibly.
• Stretch. Stay limber. Stay active enough to burn off any excess energy before bedtime, but don’t do any marathon workouts today. Stay hydrated.
• Get a full night’s rest if you can.

The day of the shoot

• Wake up early enough that you don’t feel rushed.
• If you’ve been asked to have your hair and makeup a certain way, allow preparation time.
• Don’t put on any tight clothes or anything with elastic in it. We want to avoid elastic lines on your skin.
• Don’t tie your hair tightly, that can also leave a mark.
• Avoid anything that will stain your teeth: tea, coffee, cigarettes; they all show up on the image.
• Moisturize everywhere from the neck down. You don’t want anything close to dry skin.
• Directions to the shoot: Don’t forget to bring them with you. Call if you’re lost, don’t be embarrassed, just call and ask. If you’re going to be late or can’t make it, call ASAP. Don’t be a no-show without calling.
• Once at the shoot keep cell phone use to a minimum.
• Be friendly and professional

After and between shoots

• Take care of skin. Bug bites and tan lines can last a long time. A model’s body is her income, protect it.
• Eat healthy foods. Stay away from sweets, fatty meats, and junk food.
• Exercise vigorously five days a week. Perform a mix of strength, flexibility, endurance, and fat burning exercises.
• Practice posing and posture.

Nude with red cloth. Model: Audrey Rose.

It’s been a long time since I’ve had a TFP photo shoot. A long time ago I made a decision to pay all my models. It was the right decision for me. However, TFP is still right for some situations, even amongst experienced and skilled models and photographers.

TFP (once Time for Prints, before digital) is when a model and photographer do a shoot for free. No modeling fees. No photography fees. Both get images for their use. Details will vary, but that’s the gist of it. It’s also sometimes known as TFCD (time for CD) or TFDVD or TF*, etc. But “TFP” is the more widely used term.

This practice has been both revered and reviled. Truth is, it has it’s place for many models and photographers, including beginners and veterans alike.

I’ve heard some say “never do TFP” as blanket advice. When some says “never” it reminds me of the time I saw a paramedic running to someones aid with a pair of scissors in hand; never run with scissors, I thought to myself; never say never.

I’ve done maybe two TFP shoots in the last five years. But every once in a while someone comes along with an interesting idea that I want to do, only it doesn’t fit into what I’m hiring for. In that case, I do TFP.

Here are a few tips I have on nude model booking etiquette that I’ve compiled. They apply pretty equally well to models and photographers. There are tons more, but this is what comes to mind right now.

1. Treat others as you’d want to be treated
2. Be upfront about your expectations
3. Be realistic about your expectations — don’t think you’re going to get everything you want out of every shoot
4. Don’t apply for a job if you don’t meet the published qualifications
5. Don’t take any flack; if someone is a jerk, politely retreat.
6. If you have to cancel, call ASAP and be honest.
7. Show up on time.
8. Don’t get upset if things aren’t going well. Either take it in stride or end the shoot if you can’t talk it out.

I’m often asked how I convince so many women to pose nude. The answer is: “I don’t.” There is no need to. The women I photograph are willing to pose nude before they even know I exist. The first nude shoot I did was a total surprise to me. The model just took her clothes off and stepped in front of my camera, ready to model. She just assumed I wanted to photograph her nude.

The fact is, plenty of women want to pose nude for photographers, so you don’t have to convince them to. Not only have a photographed plenty of nude models, but they’ve shared with me their reasons for choosing who they pose for.

Nudes by the numbers

Let’s take the following for example… Read more

I’ve identified an interesting trend, amongst the many nude models and potential nude models that I’ve talked to about doing a shoot. Quite often, an inexperienced model will request much higher pay than an experienced model. This seems ironic, but there are logical explanations. Part of this phenomenon is economic, and part is psychological.

The Economic Aspect

In a recent conversation, an inexperienced model requested between three to four times what I and other area photographers normally pay models. Although she was attractive, she was nowhere close to the level of physical beauty of nude models that were working for far less. So why would a less attractive model, with almost no experience ask for over three times what more attractive, experienced nude models are willing to work for? Some may think she’s simply doesn’t know the market and is just guessing at what nude models earn, but this is not the case. In her mind the sum was not outlandish. I established that she had indeed worked for this pay rate, although on a very short shoot. So the market will bear this kind of pay, even for a model that is not in the upper half of physical attractiveness. Read more

Not all models flake. In fact, most don’t. But the flake rate with nudes can be higher than most, especially if you’re recruiting your models online. Sometime’s it’s the photographer’s fault, for instance by not giving enough details about the shoot until the last minute.

No matter where you recruit your models, a significant number of photographers complain about no-show models. I used to have the same problem, but not in the last several years.

In my experience, the following nine yellow flags precede 90% of all flakey models. By avoiding these situations you can avoid waiting for a model that never shows up. It’s been ages since I’ve had a no-show; more than 95% of my models show up.

1. No phone contact. Attempt a phone interview as soon as possible. If you can’t make a phone call happen, chances are a shoot is not going to happen either. Reduce flake risk by 15%
2. Model doesn’t have any photos from the last 6 months. If she hasn’t shot anything recently, good luck with that changing.  Reduce flake risk by 15% Read more

1. Look for models who have been shooting regularly and recently. You should see recent photos, from various shoots, over the last six months.
2. If the model hasn’t already done the kind of shots you’re planning to do, she may back out.
3. Get a phone number, confirm via phone 48 hours in advance – if no call back 24 hours before the shoot, don’t bother setting up.
4. If you’re booking really far in advance, make sure to touch base about a week or ten days before the shoot; people do forget things.
5. Avoid booking for times that are already hectic: holidays, finals week, when models may have other things planned or when things may unexpectedly come up.
6. Be wary of models who ask about money and nothing else; they may be booking several gigs and showing up to only the highest bidder.
7. Pay market rates. If the model finds out your giving her a raw deal, she may back out.
8. Try to size up how “together” your model is before booking the shoot. For example, if she plans to drive all night and sleep in her car to be ready for the shoot – you might expect a no-show.
9. Make sure the models see your work, and know how it will be used before booking the shoot. Having a killer portfolio doesn’t hurt either
10. Be picky in selecting your models, choose them don’t let them choose you.

Be patient, sometimes legitimate problems come up; car troubles, love life, family, work, weather, health, monthly cycles, breakouts, etc.
Even following these, you’re going to be occasionally going to be frustrated by no-show models.

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