Model Release Policy

 

Effective Date: 09/21/2025

Last Updated: 09/21/2025

 

Purpose and Scope

This Model Release Policy governs the use of photographs containing recognizable individuals taken by Carla Funk Photography (Carla Funk/Photographer) located in Abingdon, Virginia. This policy ensures legal compliance and protects both the photographer and subjects appearing in photographs.

 

 

When Model Releases Are Required

 

Model releases are required when:

  • Images will be used for commercial purposes or advertising
  • Photographs will be sold as stock photography
  • Images will be used in marketing materials, brochures, or promotional content
  • Photographs will be published in magazines, books, or other media
  • Images will be displayed publicly beyond portfolio use
  • Subjects are recognizable, and the primary focus of the photograph

 

Model releases are typically NOT required for:

  • Private portfolio use (non-commercial display)
  • Personal social media posts by the photographer
  • Crowd scenes where individuals are not the main focus
  • Editorial use (news reporting, educational purposes)
  • Wedding photography for personal use by clients
  • Images taken in public spaces for artistic purposes

 

 

Types of Model Releases

1. Standard Adult Model Release: For subjects 18 years and older who can legally consent to the use of their image.

2. Minor Model Release: For subjects under 18 years of age, requiring parent or legal guardian consent.

3. Property Release: For recognizable private property, buildings, or locations that appear in photographs.

4. Group Release: For multiple subjects appearing in the same photograph.

 

 

Implementation Guidelines

 

For Wedding and Event Photography

  • Standard Practice: Basic model releases included in photography contract
  • Ceremony/Reception: Implied consent through event participation
  • Individual Portraits: Separate releases for commercial use of standout images
  • Vendor Coordination: Work with wedding planners to inform guests when appropriate

 

For Portrait Sessions

  • Session Booking: Releases discussed and signed during the booking process
  • Family Sessions: All recognizable family members must sign or have guardian consent
  • Professional Headshots: Commercial use releases are typically required

 

For Commercial Photography

  • Pre-Production: All releases secured before photography begins
  • Talent Coordination: Work with clients to ensure proper releases are obtained
  • Usage Specifications: Clearly define intended use in release forms

 

 

Legal Considerations

 

Virginia Law Compliance

  • Follows Virginia privacy and publicity rights statutes
  • Complies with federal copyright and trademark laws
  • Addresses both commercial and artistic use rights
  • Includes provisions for digital media and internet use

 

Rights Protected

  • Privacy Rights: Protection against unauthorized use of likeness
  • Publicity Rights: Commercial value of an individual’s image or persona
  • Copyright: Photographer’s ownership of the creative work
  • Model Rights: Fair compensation and proper attribution when required

 

 

Storage and Record Keeping

 

Documentation Requirements

  • Signed Originals: Maintain physical or digital copies of all signed releases
  • Image Correlation: Link specific releases to corresponding photograph sets
  • Contact Information: Keep current contact details for all subjects
  • Usage Tracking: Document how and where released images are used

 

Retention Period

  • Standard Retention: Maintain releases for a minimum of 7 years after last use
  • Commercial Use: Extended retention for ongoing commercial applications
  • Digital Backup: Secure cloud storage with access controls
  • Privacy Protection: Limit access to authorized personnel only