Last Updated May 28, 2024
What is a Model and Entertainment Release?
A Model and Entertainment Release is a binding document granting a person or company creative rights to use a model's likeness in photographs and videos. Using a release is essential when an artist wants to license, edit, publish, and distribute a model’s likeness for personal or commercial gain.
A model’s likeness is anything that identifies them, including their:
- Face
- Body
- Voice
- Silhouette
- Identifiable marks (e.g., birthmarks or tattoos)
A Model and Entertainment Release is also known as a:
- Publishing release form
- Photography release
- Photo release form
- Talent release form
- Artist release form
Who are the parties to a Model and Entertainment Release?
A Model and Entertainment Release has two parties in the agreement:
- The artist is the freelancer or business capturing and using the model’s likeness. Generally, the artist is a photographer or videographer.
- The model grants permission for the artist to use their likeness.
If a model is a minor (anyone under 18 years of age), the artist will need a parent or guardian’s consent to use their likeness.
Why do I need a Model and Entertainment Release?
A Model and Entertainment Release helps protect an artist from future liability. If an artist doesn’t have a release, a model can demand they stop using their likeness (e.g., sending a Cease and Desist).
The General Data Protection Regulation (GDPR) and copyright laws outline that photography and filming are forms of collecting personal information. An artist may be breaching privacy laws if the model claims they don’t have the right to use their likeness. The consequences for an artist breaching a model’s privacy may result in civil claims under their jurisdiction.
A release grants an artist creative control and the right to edit, distribute, and publish materials as their project requires. It can also assure a model that the artist will use their likeness for the intended purposes of the shoot.
LawDepot’s template is customisable to each country to create a legally binding agreement in your jurisdiction.
When do I use a Model and Entertainment Release?
Artists in production need a signed Model and Entertainment Release form before any shoot. A release is crucial if the model’s likeness is being used for promotional purposes. This includes:
- Commercials or advertising materials for TV, print, online, and social media platforms
- Photo editing and production, including digital retouches
- Filming and television production
- Photography and stock imagery
- Webdesign and production
Artists who take photos or videos for personal use on public property may not need a release. However, if an artist takes pictures or videos in a public space for promotional purposes, they must obtain a signed release if they capture someone’s recognizable likeness.
Our release template offers a pocket-size release, also known as a one-page release. This format includes all the essential release components to create a binding contract that can be used for on-the-go location shoots.
How do I write a Model and Entertainment Release?
LawDepot’s Model and Entertainment Release template can be used for photography and videography. Select the country in which you work and continue with the following steps.
1. Select your release purpose
First, select a blank, reusable template if you have multiple models for one project or a specific release for just one model participating in a shoot.
Then, choose the purpose of your release. You can choose to cover photos, videos, or both for the model to grant consent.
2. Include both parties’ details
Continue by including the necessary contact details for both parties.
For example, say you’re a camera operator creating a single-use release. You’ll include your or your company’s contact details. Then, proceed to include the name and contact information for your model.
If the model is a minor, you can customise your release to allow a parent or guardian to sign on their child’s behalf.
3. Specify your data retention period
To be GDPR compliant per the Data Protection Act 2018, you must include how long you’ll keep the model’s personal data (i.e., name, address, phone number, etc.).
Compliance also requires you to delete personal data once it has fulfilled its purpose.
Our template includes a privacy statement for collecting personal information to make your release GDPR compliant.
4. Add your signing details and location
If there are additional details you need to include in your release, you can create additional clauses specific to your shoot. Most releases don’t need additional clauses.
Continue to make your release by adding the signing date. You can include a signing date now, or add it later. When creating your signing details, you’ll need to include the city where the release will be signed.
Finally, include if a witness will be present during the release’s signing.
Do I need a witness when signing a Model and Entertainment Release?
Though a witness is not a legal requirement for a release form, it’s good practice to have one when signing contracts.
A witness can assist in validating signatures if there are any future disputes or misunderstandings about the release. Should there be any questions regarding a release’s validity, a witness can also back up the fact that no coercion, forgery, or undue influence was involved while signing.