I feel this is an important document for all artists, a release and consent form is required for all people that you paint. Portrait commissions, relatives, and friends are no exception. It’s also important that you get one signed right away, before any work is done. I suggest mentioning that you’ll need one signed during your recruitment process as it will quickly weed out those unwilling to do so.
Here’s the one I’ve used in the past (someone else wrote it and I do not have the reference):
Release and Consent
I [name of model/sitter], for good and valuable consideration, receipt of which is hereby acknowledged, consent for all purposes to the reproduction and/or use of photographs, video and/or artistic rendering of me and/or information I have provided during interviews, with or without the use of my name, by artists and/or agents of [your name goes here] or by any periodical or other publication in all forms and media and in all manners, including advertising, trade, display, editorial art and exhibition. In giving this consent I release [your name goes here] from liability for any violation of any personal or proprietary right I may have in connection with such reproduction or use. I am more than eighteen years of age, or the parent or legal guardian if the model named herein is under eighteen years of age.
Print Name________________ Signature ________________ Date___________
Print Name________________ Signature ________________ Date___________
While you may think that something like this is ridiculous you should also note that people’s opinions and emotions often get the better of them, and because of this you don’t want to create a situation that could cause you to loose your work or be sued for any reason.
For instance, after you’ve used a portrait of a client whose title is their name in a magazine publication, they decide they would rather not have name or likeness in a magazine because they have been charged with a crime. Because of the release, you are safe from possible action on the clients part due to failure to seek permission for using the persons identity and name in the publication.
There are of course times when you won’t be able to get someone to sign a release, at times like this it’s best not to work with them and find someone else. There are many willing models that are more than reasonable and understand why a release is needed.
In relation to this I also suggest you stay far away from reproducing copyrighted characters (such as Disney), others photographs, or digital renderings (unless granted permission), or sports figures (unless you have the required agreement and documentation with their league). I have known of artists who have not heeded this advice and have had to destroy their work or face legal action. It’s both frightening and saddening.
Artists need to cover their butts just like every other profession where people are involved. Please take the time to do so, for all our sakes.
