The world of models, stars and starlets is glamorous. But behind the scenes it is also a tough business. It is not just about talent, connections and business acumen, but above all about being legally professional. This applies not only to “Germany’s Next Top Model”, but also to every newcomer who does not want to be ripped off. We will help you to achieve your economic goals and turn your passion into a business.
FAQ Model law
Are you a model, or do you have questions about modeling rights as a photographer or model agency? Here you will find answers to questions that we are regularly asked.
Model rights are part of copyright law. They regulate the legal relationship between model, photographer and agency. In order to enable the photographer or an agency to commercially exploit the model’s photos, they must be granted usage rights. For this purpose, it is advisable to conclude written model contracts.
Model contracts are also called model release contracts. They are also important for the model, as they regulate exactly which rights are granted and which are not. A professionally drafted model release contract ensures legal certainty and fair regulations for everyone involved.
As a model, you not only have constitutionally guaranteed personal rights, but above all a right to your own image. This is why the photographer or agency cannot simply use pictures and other recordings in which the model is depicted. This is only possible if and to the extent that the model grants the photographer or agency usage rights. Anyone who is careless here often loses out in the event of a dispute. In order to avoid disputes and ensure fair compensation, it is important to make clear, legally secure arrangements from the outset about who is entitled to which rights.
Copyright usage rights in the area of modeling rights describe the way in which certain images can be used by the photographer or agency. Various aspects play a role in usage rights, which must be specifically defined.
WHAT: Type and extent of the recordings
If the photos are already available, they must be attached to the contract as an appendix. If they are not yet available, the model is usually granted a right of release after reviewing the photos.
WHAT FOR: Specific planned use
This could be for advertising on the Internet, for example. It must also be determined whether the photographer is allowed to grant sublicenses.
HOW LONG: Duration of use
WO: Spatial distribution area
We advise against using a sample contract from the Internet. Such contracts often contain clauses that either do not fit, do not reflect the interests of the parties, or are even invalid. A professional model release contract should be tailored to the individual needs of the parties. We would be happy to help you create a contract that is a perfect fit for you.
Name and address of the parties involved
Photographer’s rights of use
Compensation of the model (fee)
If necessary, regulations on the extent to which the model may dispose of the recordings
If applicable, competition clauses requiring the model not to advertise for competitors at the same time
If necessary, consent of legal guardians for underage models
If applicable, irrevocability of consent
The precise wording of the individual clauses is often difficult, which is why we recommend legal assistance when drawing up the contract. We are happy to assist you with this.
The model should be sent the contract in advance so that they have time to look through it. In addition, a conversation beforehand is often helpful, in which possible uses can be discussed, for example. We are happy to help you to ensure that everything goes smoothly. If necessary, we can accompany you to contract negotiations or create checklists for you.
Models and brands
What is often overlooked is that as a model you actually want to build a brand. It doesn’t matter whether you perform under a stage name or want to be known under your own name. Don’t forget to protect your name as a trademark! As one of Germany’s leading law firms in trademark law, we will of course also advise you on the important area of trademark registration.
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Lawyer for modeling law
Dr. David Slopek has more than 10 years of intensive practical experience gained in Germany and abroad. After completing his studies, obtaining a Master of Laws and a doctorate at Heinrich-Heine-University-Düsseldorf, he was admitted to the bar by the Düsseldorf Bar Association in 2012. He learned his legal craft from scratch in a leading international law firm, for which he worked for around seven years in Alicante and Hamburg. In 2016, the Hanseatic Bar Association of Hamburg awarded him the title of specialist lawyer for intellectual property law. In addition to his professional qualifications, he has also published extensively, with over 80 specialist publications. He and his team will advise you with expertise and experience in all matters of trademark law.