Artist Model Release
Working with models is a common practice among artists but when do you need to have an artist model release?
If your painting of a publicly known person or public building is used to inform and educate the public, then you won’t need an artist model release. The only exception is if the painting depicts something that can be embarrassing to someone. If the painting is used for promotion, endorsement, advertising, or other commercial or trade use, you will need a model or building release.
Invasion of Privacy Act
If you execute a portrait of someone, be sure you obtain an artist model release for future use of this painting in your brochure, newspaper article, publicity, for sale at an exhibition, etc. Without this release, you cannot reproduce it or exhibit it in public without the possible threat of a lawsuit.
Any failure to obtain such a release can be construed as a violation of the rights of privacy of the individual who served as the model. When the model is a minor, the written consent of a parent or guardian is necessary.
Models can also object to altered images. If your model release form does not cover altered images, the model may bring an action under an invasion of privacy or publicity rights statute that enable the model to control the use of her name, likeness, voice, signature, or photograph in connection with the advertising of goods or services. The model need not show injury to reputation.
Invasion of privacy doesn’t apply after someone dies; however, an estate may have the right to all images.
Example Artist Model Release;
On _____________________20_____, I posed as a model for artwork (to be) created by _______________________. In consideration of the payment of the sum of $______ at the conclusion of this modeling assignment, I hereby grant the irrevocable right to the use of my likeness in any and all media and in any and all manners including composite or segmented representation for the preparation of works of art or any other lawful purpose. I hereby waive my rights to approval/rejection of the completed works, which may incorporate my image, and hold harmless the Artist and the Artist’s Representatives against any and all liability arising herein.
I am an adult living in the State/Province of __________. I have read this model release ad understand its contents.
Date: __________ Model: ________________
Address: ______________________________
If The Model Is A Minor
As Parent/Guardian of the above-named Model, who is underage, I hereby consent to all the terms stated above and accept in behalf of the Model the consideration set forth above.
Date:________ Parent/Guardian: ______________________________
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This is an example of an artist model release and should be viewed as such. Always consult a lawyer before using any contract. Artistically Connected does not provide legal services.
About Brittany O'Donnell
As the founder of Artistically Connected I am passionate about art and business. I enjoy working with artists at all stages of their craft and learning along the way.
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