Last Updated May 28, 2024
What is a Model and Entertainment Release?
A Model and Entertainment Release is a binding document granting a person or company creative rights to use a model's likeness in photographs 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 is 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
- Video release form
Who are the parties to a Model and Entertainment Release?
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.
Why do I need a Model and Entertainment Release?
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 likeness (e.g., sending a Cease and Desist).
Without a signed release, an artist may not be able to prove they had consent to use the model’s likeness. A signed release prevents disputes and legal action.
Having a release ensures an artist complies with privacy rights in Canada. Privacy rights can arise from common law or privacy acts based on the artist’s province or territory. For example, Quebec’s Civil Code Chapter 3 outlines the need for consent when using someone’s likeness. Meanwhile, British Columbia has the Privacy Act, which states the same need for consent.
A release is crucial because it establishes the artist's rights to use a particular work or works featuring the model. It can also assure a model that the artist will use their likeness for the intended purposes.
LawDepot’s template is customizable to each province and territory to create a legally binding agreement in your jurisdiction.
When do I use a Model and Entertainment Release?
Artists in production 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 for 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.
Our release template offers the addition of a one-page release, also known as a pocket-sized release. This format includes all the essential release components to create a binding contract that an artist can use for on-the-go location shoots.
How do I write a Model and Entertainment Release?
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 select a reusable template if you have multiple models for one project or a one-time form for just one model participating in a shoot.
Then, choose the province or territory where the photographer works and the purpose of your release. You can choose to cover photos, videos, or both for the model to grant consent.
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 single-use 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 customize 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
Do I need a witness when signing a Model and Entertainment Release?
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.
