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/or 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 includes 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:

• Photography model release form
• Photo release form
• Talent release form
• Artist release form

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.

A Model and Entertainment Release helps protect an artist from future liability. If an artist doesn’t have a release, a model can demand the artist to stop using their images for commercial use (e.g., sending a Cease and Desist). 

Using a release is essential because it grants creative control and the right to use the model’s likeness to the artist while maintaining a model’s rights. It can also assure a model that the artist will use their imagery for the intended purposes of the shoot. 

In Australia, a person’s likeness can be classified as personal information under the Privacy Act of 1988. Each state and territory has additional legislation regarding privacy rights. 

Without obtaining a model’s consent to publish or distribute their imagery, an artist may be breaching the model’s privacy rights. This breach may result in a model taking legal action to receive damages through claims like invasion of privacy or defamation. 

LawDepot’s template is customisable to each state and territory to create a legally binding agreement in your state, which includes a privacy statement for collecting personal information.

Artists need a signed Model and Entertainment Release before any shoot. A release is crucial if the model’s likeness is being used for promotional purposes. This includes:

• Commercials or advertising materials, including 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.

Artists and models can use LawDepot’s Model and Entertainment Release template for photography and videography projects. Create your release with the following steps:

1. Select a release type

You can create a release for photos and videos, photos only, or videos only.

Then, identify your role in the project. 

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 video 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. Add location and signing details

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

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.