Modelling Contracts

A model release/contract is a contract between photographer and model. At least one contract should be signed before every photo shoot, otherwise the photographer may not use the photos from the shoot.

What does a model contract do?

Firstly, they set out the terms of legal agreements on the time, location and remuneration for the photo shoot. Above all, however, the modelling contract states in writing and with legal effect how the photographer or the model herself may use the photos and who has the rights to the photos. The authorised types of use, such as for reporting, for advertising or for the photographer's own advertising, are specified. In the contract, the model grants the photographer the right to publish the photographs produced and to utilise them for the agreed reasons.

Copyright versus the right to one's own image

In principle, photographers are entitled to the copyright to their photos; they alone could therefore decide whether and how their photos are printed, published or used on the internet. On the other hand, the model has the right to her own image. When photographing people, these two rights meet, so they must be clearly contracted and agreed upon between the two parties. If the photographer gets the model's consent, he may reproduce and publish the photo, physically and online. If the photographer does not receive this consent or if the model only grants it for a specific type of use, the photographer must adhere to it. Otherwise, the photographer violates the model's right to their own image.

Written permission for publication

Expressing consent to release the images can be given both verbally and in writing. However, in the interests of legal certainty, it is strongly recommended that the agreement is set out in writing.

The following should be precisely agreed:
- The images and their intended use
- Any restrictions on content

The right to one's own image is a personal right. It is therefore advisable not to automatically assume tacit consent to the publication of photographs. If a case goes to court, the courts are very reluctant to assume that the model/photographed has given their consent. The user of the photos- aka the photographer or the modelling agency- must be able to prove that consent has been given. Another important point is that the model can revoke their consent to publication. To avoid this, the photographer should therefore try to get irrevocable consent.

What is an NDA?

NDA stands for non-disclosure agreement. It is intended to protect confidential information that becomes known in connection with freelance engagements, for example, if sensitive facts or business secrets are the subject of the work. It also regulates which activities are not permitted and what contractual penalties may be imposed.

Remuneration agreement between photographer and model

The model's remuneration must also be agreed before the shoot. It is advisable for the model to confirm payment of the fee after the shoot. The abbreviation TFP is often used in the remuneration clause of modelling contracts. The term TFP stands for Time for Prints. The model with a TFP contract does not receive a fee for the image rights, but rather prints of the images or a data carrier (CD, USB stick) with the image material.

What exactly should the modelling contract regulate?

The following points should be specified:
- Names of the model and the photographer
- Subject of the contract, time, place, type of photos
- How the photos may be used by the photographer
- How the model may use the photos
- Remuneration, fee and travelling expenses, possible TPF contract
- Any non-disclosure and confidentiality agreements (NDA contract)
If the model is underage (under 18) written parental consent must be obtained before the photo shoot takes place. Both the parents and the model are then signatories to the contract.