Perhaps no issue within the topic of Model Releases draws as many questions as the necessity to use “sensitive issue” model release forms. We suggest that such forms be used when the model is going to be employed in an image/ad/film/video etc. and will appear: nude, semi-nude, be portrayed as a drug addict, criminal, suffering from any number of illnesses such as depression, incontinence or as being HIV positive.
Many photographers, who require a signed, written model releases, may be making a potentially serious mistake by using a universal “one size fits all” release for all shoots regardless of the nature of the work. As we strongly suggest in our book The Copyright Zone and elsewhere, if the model is to be portrayed in what might be construed as a negative or unflattering manner, or partially unclothed or even unclothed completely (known as “nude”), the release employed should specifically so state. It can be in plain English, but should be as clear and specific as possible. The releases and contracts signed by actors in Adult “XXX” films are necessarily very explicit – pun intended – as to what that actor will do and how he/she will be portrayed in the finished product. An adult can agree in writing to be portrayed as for example, a serial killer. If such were not the case the networks would have to cancel about two-dozen shows.
Now comes HBO producer of the television series “Westworld”. As the NY Post reports in an article (linked here), HBO (or its casting agent) is requiring extras on the program to sign “waivers” acknowledging that they will be portrayed performing among other things, specific graphic sex acts while nude. According to the Post the actors will receive $600 per day rather than the standard $157 union rate ordinarily paid to extras. The Screen Actor’s Guild (SAG) is protesting the use of such waivers apparently claiming that their union members do not understand the full import of such waivers. (We offer no opinion on that dispute).
For your purposes the significance of this HBO policy is to highlight the need for having any model (or actor) specifically state and sign on to the manner in which that model/actor will be portrayed so as to avoid disputes and litigation in the future. This is simply a prudent business practice for all filmmakers, photographers, artists and illustrators. Don’t be shy about such releases. If the model is to be portrayed in the ad/film/program as a heroin addict who dabbles in serial killing the release should specifically so state. According the reportage in the NY Post, the HBO waiver is pretty darn explicit. Maybe their lawyers read our book.
Final note, in situations where children are portrayed in movies or television such as rape victims or rapists, the studio will typically obtain the written consent of a judge to make such use of a child in a disparaging manner. A parent may not have the authority to permit an 8-year-old child to be used in a disparaging or libelous manner and the issuance of such permission could serve as a basis for a claim against that parent for child abuse or neglect. Also it may, at the very least, be reason enough for the non-signing parent to seek sole custody of the child in a divorce scenario or Family Court action, as the signing parent might then be easily judged as an “unfit parent”.
#1 by Matt Timmons on October 11, 2015 - 6:48 pm
The sensitive release isn’t in the book; so is the necessary clause to be added for sensitive creative matter something a photographer can add to a standard release themselves, or should a qualified attorney write it? Something like: “I (the undersigned) acknowledge and grant full, irrevocable permission for my image to be published and/or displayed as a (nude, partial nude, criminal, as the case may be) model and further shall in no way hold the photographer nor his representatives, associates and/or licensees liable nor responsible for any claims or detriment occurring from the display of my image(s). ”
Something like that work?
#2 by Jack and Ed on October 11, 2015 - 9:31 pm
It’s always good to have a lawyer look at it, but truthfully, just adding whatever it is, as specific as you can be, in plain English, works fine.
#3 by Bob on October 16, 2015 - 4:07 pm
As an amateur photographer, I have been asked by my friends swim team to take photos of the children during the events. Is a blanket release from the team executive committee good enough or should I get releases from all of the parents for every child?
The images would be loaded to a private web page and presented at an end of season slide show.
Thanks,
Bob
#4 by Jack and Ed on October 18, 2015 - 3:41 pm
Hey Bob, In the vast majority of states, a blanket release will not work. It has to be a parent or legal guardian. You need each parent to sign off, just like they do for special trips and such. With that said, if it’s not a public website, that has a password and the end of season slide show, I wouldn’t worry. (Ed, as any lawyer would say, would probably say worry and get a release, but we don’t always agree). Unless you do something else or make the images available otherwise, I personally wouldn’t worry. But that’s just my non-lawyer opinion, not Ed’s.
Jack
#5 by Ed Greenberg on October 20, 2015 - 2:30 pm
Responding to Questions posed off line:
You could include the following sentence in the model release, “I acknowledge that I will be portrayed in one or more poses of partial and/or complete nudity. I specifically consent to such portrayals only in connection with the advertisement and/or promotion of products manufactured by XYZ Pharmaceuticals” Another sample phrase, “I agree and consent to being portrayed and/or identified as a person suffering from the effects of Alzheimer’s disease for the purposes of advertising, promoting or in connection with educational materials produced and distributed by or on behalf of The American Alzheimer’s Association only”.
Just make the language as clear as possible as to the manner in which the model will be portrayed ie nude, suffering from a disease or as a convicted drunk driver.
Again check the HBO release referred to in the article to demonstrate just how specific you can get.
#6 by Ed Greenberg on March 24, 2016 - 10:55 pm
See also our column in this blog entitled, “Hulkamania”.
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