In the process of working on our very first issue of PHOTOSESSIONMAG, we had an problem come about that bordered on a legal mess. An image that a photographer shot, and model heard about, let us know that he had no right to submit it and if we published, she would sue. Even going so far as sending us a letter from her attorney. We asked the photographer if she had signed a model release? He stated, no! He has never used them and that the image in question has been used many times over and was popular in his portfolio. Sadly we informed him we couldn't publish the image. If he had no release then we would not expose our publication to a lawsuit. In turn, we ended up with a very upset photographer. Her reasoning in wanting it removed from any potential of being published, she had moved on this part of her life and wanted any involvement she had with the photographer or ever modeling, destroyed. She was aware the laws that swung in her favor. Last I heard, she was going after more of the images he shot of her.
So, it's with this I want to make clear to anyone submitting work to this publication from any country. We will not accept your work without a signed Model Release from every model in the photos you send. Don't care if it's allowed in your country, it's our requirement for being in this magazine. I don't care if you are a lawyer as your main career field, it's a requirement for this publication.
Have an "agreement" and or "collaborated" with a model, then send us a written document with BOTH your signatures, that states you are permitting the work to be published, some refer to this as a Joint Release. Before you send us a submission, please acquire "permission" for you to use the images, and clear any hurdles before you involve this magazine. It's very unprofessional to draw us into any form or possible lawsuit because you do not see a Model Release as an important document.
While many artist now take the position that Model Releases are no longer required, this magazine does require it. As a photographer who has shot professionally for practically 35 years and used a model release for every shoot I have ever done, I find it concerning that photographers are letting this important element to the business fall to the way side. It's disturbing to hear photographers tell me how they strike deals with models, that they, the model, will retain ownership and a voice of where and how their images are used. This is your portfolio, your creation, your art. Yet, you don't really own it, least not to be able to freely show it. Much like the photographer at the top of this page, what are you going to do if an image you shot becomes really popular and you have the opportunity to have it seen by many, but the model you shot many years ago now wishes it stored away and shelved? These days lawsuits are easier to obtain and win, without a Model Release you open yourself to a great deal of ways in which your collective work can become the models and shut you out from ever using it.
This publication stands by this following requirement that is firm and in place......No Model Release, No Publish!!!