I am by no means an expert but, in my experience a model release will not have that clause written in because generally we pay models for modeling not for the sale of your copyrighted image. What the two of you are trying to do might be better accomplished with a separate agreement between the two of you written or otherwise. Making note of the other contract on the model release might make everyone feel better but it seems arranging a flat fee for the modeling services would be reasonable exchange for signing the release.

Unless you sell the image it is my understanding that you do not need a model release, there are other stipulations, such as if the photo was taken at a public event, if it is for education use etc... in those cases you do not always need a model release.


I hope that helps.

I've used model releases in the past that have compensation lines in them. The model release itself is just a legal release of rights to use her image.So there are two ways I'd approach this. One, I'd modify a model release, leaving all the other language intact, but adding a line where you acknowledge the percentage you'll give her for any sales. And I'd include in this a standard boilerplate contract of business, setting forth the amounts you both receive from any sales.

The second way, and the way I would much prefer if I were doing this, is to just staple together a standard model release, leaving in intact, and the second page would be your business contract. In the end, it boils down to trust, she has to trust you to actually tell her if you sell any prints. This way she can read and sign both at the same time, and the legal language isn't tampered with. Models can and do include language in releases as to what way those pics are used, like excluding electronic use. Check your local state laws, but at least here in Colorado, a model can write into the contract specific options, such as no use on net, or restrict sales.

Feral, you might want to think hard about this type of promise in the future. A model can change her mind, want more of a cut, anything. If you have a signed model release at the time of the shoot, you can use those images, and still, out of your own appreciation of their talent, give them some of the money. This is the way I work, I give them a copy of any image, with full usage rights, and get a signed release. And I usually ask the model before I use the image. It depends on your usage, if your looking at artistic usage, you can control what and where the image is used. But if your doing stock or commercial photos, you have much less control over where they go.

Most models will be more than happy to get some small monies out of a shoot over and done with, The issue that you have to be careful of is making sure you can use the image. I do have images I didn't get a release from the model, and can no longer access the model, so I can't use the image.