Farewell term chaos, we give you the talk - from a to z
Industry jargon not your thing? Our glossary will enlighten you!
The model contract - also known as the "model release" - represents the written consent of a photographed person to the publication and other use of their image by the photographer. It therefore concerns the granting of rights to images and the associated publication rights.
Please note: A model contract is not a photography permit. This stipulates that it is permitted to take photos of people or a general photo of people in a certain environment. It is necessary, for example, if a photo shoot is to be carried out on private property. However, the term is not officially used in German law. Nevertheless, it is often used in practice.
During a photo shoot, the photographer's copyright to the image he has created (Art Copyright Act) and the personality rights of the person photographed (right to their own image) collide. The model contract serves to resolve this conflict.
If the person photographed is not yet 18 years old, they cannot sign the model contract themselves. In this case, a legal guardian must do so.
The model contract basically specifies the types of use that will apply to a particular portrait in the future. This right of use includes the following points:
Duration: How long does the granting of rights apply? How long may the photographer use the image he has taken in the specified manner?
Attribution: In the event of publication, is the attribution of the person depicted in the photo only permitted or even absolutely necessary?
Remuneration: The remuneration clause specifies how the person depicted is compensated or remunerated for the assignment of their rights to their own image.
The model release also specifies the areas in which the photos created may be used. A distinction is usually made between the following points:
Reporting: The use of the photo in articles of a news nature, such as the use of stock photos as sample photos in newspaper articles.
Advertising: Anything relating to the commercial sector (e.g. testimonial for a specific product).
Self-promotion by the photographer: Adding the image to the photographer's advertising portfolio or using it on the photographer's website.
In the fashion industry, nothing works without a suitable modeling contract. That's why you can find all the important information on this topic at Jobwork.
As a model, there are a few points that you should definitely include in your modeling contract before you sign it.
Insist on the following contractual points:
The use of the images (in modified and unmodified form) for private and non-commercial purposes. This includes, in particular, use on the Internet (website, social networks), applications, sedcards or model portfolios.
The right to take a person you trust with you to the photo shoot.
The right to have a say in the location or posture of the photo shoot.
A regulation on how the photographer may edit or change the photos in the future.
Under no circumstances should models agree to permission for any use in the model contract that is unlimited in terms of location, time and content. All passages containing the word "irrevocable" should also be rejected as a matter of principle.
Yes, there is a large selection of ready-made model contracts on the Internet. However, good agencies go through the contracts with their models in advance of a shoot anyway. However, the documents available on the web are a good way to get an overview.