Model contract
A model contract - also known as model release - is the written consent of a photographed person to the use and publication of their picture by the photographer .
Legal basis
In some countries, including Germany, Austria and Switzerland, portraits of persons are protected by the right to one's own picture . As a rule, their use and distribution requires the consent of the person depicted or - e. B. in the case of minors - through their legal representatives.
Such consent can be given orally, in writing and through conclusive behavior tacitly ( implied ). In practice, however, a model contract is concluded for evidence purposes in particular if a photographer wants to commercially distribute the photo he has taken of a person from non-public life (in contrast to people from contemporary history ). A model release usually regulates the permitted types of use of the photo (such as reporting, advertising, self-promotion by the photographer and uses by the person depicted), the duration of the granting of rights, the permitted or required naming of the person depicted and their remuneration. The contract can only be revoked in exceptional cases.
Some photo agencies generally require a model contract if recognizable people are the main component of a photo. For photos of people on private property, a photography permit may also be required.
Web links
- Model contracts for reporting and advertising (pdf), pp. 87–90 . IN: DJV : DJVWissen2. Terms of contract and fees 2012 (2.36 MB)
