11. RELEASES

f you’re providing someone photos for their private glamour photography session, chances are your client will not sign a release. For most of my private glamour work I don’t even ask; it’s private. Besides, some of my clients-like judges, doctors, lawyers, and executives-don’t want anyone in their church to know they had sexy photos taken.

For my non-private glamour work, however, I never start a shooting session without a release signed-period. I always ask for identification too, like a driver’s license, and photograph the model holding the ID next to her face. If the shoot is for publication, I get two forms of ID as required by law.

When in doubt, it makes sense to get a model release signed. Sample release forms are available in many books as well as online-just go to www.Google.com and type in “model releases.” You’ll find enough to fill any book. Have your lawyer inspect your release and make sure that it meets your needs.

Other types of releases to consider are property releases-again, you can find many examples in books as well as online. Basically, if you photograph someone and another party’s property is visible (or if you conduct the session on someone else’s property), you need a property release to use those images. Now the laws vary, so again, check with a lawyer.

Keep in mind that any trademarks (like the CocaCola^(r) logo) that appear in your image are not yours, they belong to the copyright holder and may not be used without permission. There have been cases where a company has sued the photographer because they didn’t want their trademark or product appearing in “sexy” images. When in doubt, keep trademarks out of your images and eliminate any potentially problematic elements that the average Joe can recognize just by looking at them.

The final release that is important for glamour photographers is the photographer’s release. This is your release of the copyright you hold on your images. Basically, this is used when a third party, like a magazine or stock photography agency, purchases your images. Make sure your release is specific. There are photographer’s releases that grant only a one-time or regional use. Others allow promotional use only. If you sell your rights to an image or images, you will no longer own the rights to use that specific image.

The bottom line for releases, get them signed at the shoot. You never know when you’ll need one, and it can be hard to track people down after the shoot. After all, models get married all the time, some get divorced, they change names, addresses etc. A signed release is your best proof that you have permission to use an image with someone’s likeness. Even when placing images in your online portfolio, you must have a release; online portfolios are public, and you’re not exempt from the law just because it’s your portfolio and you shot the image.

Finally, here’s the golden rule for releases: consult an attorney when in doubt.

For my non-private glamour work, such as this image of Tiffany K., I never start a shooting session without a release signed-period. Makeup by Jana Lee.