Model Release to sell print in Germany

Marcio, don't bother with lawyers for now. Just get in touch with some other German photographers that shoot models and they'll likely can point you to a simple but adequate model release in German. I shoot models and always have them sign a release. It doesn't cost anything and it may avoid trouble in the future. I've also done a workshop in Berlin and the release that was used there was basically a German version of what I use here in Canada in English without any difficult legal language. It basically stated the full names and date of birth of the photographer (me) and the model, that the model was compensated (paid) for her service and that the photographer has the copyright of the pictures. In this particular case it also stated that the pictures could not be used for commercial purposes. Dated and signed by both.

Model-Kartei is a big German model photo site. Here you can easily search for photographers in your area that speak English and/or Italian.
Got to http://www.model-kartei.de/sedcards/fotograf/suchen/
Select Land: Deutschland and Ort: Freiburg
scroll down a bit and click on the tab "Gesprochene Sprachen" and click on Englisch and/or Italienisch.
Click "Suchen"
There's 2 photographers in Freiburg that claim to speak Italian and 82 that speak English. Don't expect them to be all fluent though.

But you definitely need to learn German.

Good luck,
Menno

Does it means that if it is considered work of art it is ok to publish or even sell?

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Legally it is not sufficient that the photographer states that his work is art nor that he intends to make art, but that his work IS art.
In case of a dispute most probably a official expert would be asked...

TheFlyingCamera said:

if someone is in public, performing a public action, they have no expectation of privacy and you don't need their permission to photograph them. You don't need a model release even if the person is recognizable so long as the work is not being used for commercial purposes.

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You are wrong, concening german law.

Thank you for the suggestion TheFlyingCamera.
And thank you for the links spijker.

AgX,
I never learned that there is a definition which other can use to decide what is or not art rather the the creator intention and use.

AgX said:

You are wrong, concening german law.

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That's why I said that A: this is the practice in the US, B: I'm not a lawyer, C: I don't know German law, and D: consult someone who does know German law for legal advice in Germany.

marciofs said:

AgX,
I never learned that there is a definition which other can use to decide what is or not art rather the the creator intention and use.

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What sense legislation (in this case concerning exceptions for works of art) would make if anybody could decide on his own whether such legislation apply to him or not?

I admit though that art is a difficult field to decide on.


There is extensive publication on legal matters of photography in Germany. Have a look at that. And be aware of new legislation and jurisdiction of the recent years.

As indicated above, gaining a mutual understanding with your subject would most likely relieve you from legal proplems.

AgX said:

What sense legislation (in this case concerning exceptions for works of art) would make if anybody could decide on his own whether such legislation apply to him or not?

I admit though that art is a difficult field to decide on.


There is extensive publication on legal matters of photography in Germany. Have a look at that. And be aware of new legislation and jurisdiction of the recent years.

As indicated above, gaining a mutual understanding with your subject would most likely relieve you from legal proplems.

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I am looking for it.
Thank you.