Thee is a rel confusion in the inustry between the concept of model release forms, which are a commercial contract that is based on the exchange of payment between the photographer and a (semi) professional model, ad the principle of informed consent which comes out of social science and anthropology research.
Model release forms indemnify the photographer for usage of the images in specified contexts, eg advertising, editorial, stock etc etc in return for a payment to the model, and usually have alot of legal terminology specifying exactly the extent of this license of the subject’s image. hey exist essentially to protect the photographer and anyone who publishes the images. You can fin sample forms on a lot of the commercial photography sites
The principle of informed consent comes from the opposite persepective, in that it is designed to protect the interests of the subject to avoid them being exploited without their knowledge or approval. The shoudl be told in what contexts photographs of them wil be used and this would in general
EXCLUDE advertising but include editorial and books/exhibitions. Ideally as documentary photographers who claim to be even remotely concerned about the lives and rights of the people we photograph, we should be adopting this concept
NOT model release forms except when we are shooting commercial assignments with paid models.
where possible , informed consent should be obtained prefereably with a signed consent form (see below) if the resulting images are then used in any other context eg advertising the photographer has the responsibility to contact the subject and renegotiate the usage, paying the subject if necessary or required.
obviously when it comes to street photography such concerns are very difficult to resolve, as getting strangers you have photographed fleetingly to retrospectively sign forms is near impossible
the convention is that if the image does not libel or defame the subject and is used in an editorial context, then such usage is acceptable, and the cover of a photographer’s monograph would be deemed such an acceptable usage (ie not a commercial one)
The case of phillip lorca de corcia is significant in this regard
http://www.nyc24.org/2006/issue3/story02/
where he was sued by the subjects of one of his street photographs for a share of the profits made thru print sales. The photographer won
Sample release form
Consent form for participation in photographic project
I, ……………., agree to the use of photographs taken of me and material gathered in interview in a documentary photographic project carried out by …….
The extent and nature of the project has been fully explained to me, and the ways in which the material will be used is clear and defined.
I understand that the photographs and interview may be used for the purposes and publication and exhibition in editorial, book or online format in territories worldwide. I also agree that the photographer shall have full editorial control over the presentation of the research.
I understand that any biographical or personal details contained within the interview may be used.
I understand that the data obtained in the interview will be attributed to me and will be preserved for the purposes of future research.
I understand that if I have any future doubts about my participation in the project I can contact the photographer or his agent
signed (participant) Contact details
Signed (researcher) Contact details
Signed (witness) Contact details
Contact details
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