Using a Model Release to Protect Your Business

Updated: Nov 12, 2021

What is a Model Release?

A Model Release is a contract that grants another person or business the right to use, publish, and edit an image. A Model Release is commonly used by businesses that wish to advertise products through images of paid models or customers.


Your Business May Face A Lawsuit Without a Model Release

Most states, including Indiana, afford citizens various privacy rights. Therefore, if you publish images without proper consent, you might face a variety of lawsuits.


Here are a few common ones:

  1. Misappropriation – When a business uses a model or customer’s likeness for its own benefit without proper consent.

  2. Right of publicity – When a business’ non-consensual use of a model or customer’s image implies endorsement by the model or customer and benefits the business.

  3. Defamation – When a business’ non-consensual publication of a model or customer’s image falsely portrays the model or customer and damages his or her reputation.

You Need a Model Release to Protect Your Business from a Lawsuit

A well-drafted Model Release can protect you from lawsuits and help your business save valuable resources. A well-drafted Model Release can also maximize your freedom to use an image in the ways most beneficial to your business. Here is a list of some of the more specific benefits of having a Model Release Contract:

  1. Clarifies the relationship: A Model Release establishes what the business can and cannot do. It also establishes the rights the model or customer retains in the image. By having a clear delineation of the rights and obligations in a single document, the parties achieve a better understanding of their relationship, which can prevent legal disputes.

  2. Gives assurance to the model or customer: A Model Release provides the model or customer with a better understanding of how his or her image will be used. This understanding can create a sense of assurance for the model or customer that will not only foster confidence in your business, but also prevent legal disputes.

  3. Provides legal protection: A Model Release creates a legally enforceable agreement that can provide you with the protection of the law. Such protection can help you save thousands in legal fees.

  4. Maintains professionalism: A Model Release is customary for most professional businesses. By having your own Model Release , you convey a more professional image that enhances your business’ reputation.

  5. Protects your resources: Legal disputes can consume a lot of your time and money. A Model Release effectively decreases the likelihood of lawsuits.

Lawsuits are accompanied by court fees, attorney fees, and time. Invest now in a well-drafted model release to help your business save valuable resources in the future. For help drafting a Model Release tailored to your needs, call Brinkley Law at any time at 317-643-1813 or book an appointment online. Don't wait until it's too late.

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