A Brief Look of Useage Rights:

When working with a photographer, either on a Test session, a TFP, a paid shoot, etc. the photographer is the creator and copyright holder of these images (unless it is in a "Work for Hire" situation (see note 1 below), which has almost no effect on the relationship to the model and his/her rights).

So the photographer owns the images; how do you (the model) get the rights to use them, and what can he do with the images?

There are 2 essential documents (and contractual concepts) to any model/photographer shoot.

The Model Release (also known as an Adult Release, because only adults of 18 yrs of age can sign them - there is a similar document for minors known as a Minor Release, which a parent or legal guardian must sign) is a document that the models signs (usually before the shoot) that gives the photographer the rights to use your likeness in photos as outlined in the release. In all situations where you are shooting for pay, you will be required to sign one of these and it is a good idea to sign one (with some caveats - see note 2 below), as it outlines how the photographer may (and may not) use the photos.

The Usage Rights (also known a Rights Transfer or Statement of Copyright) is a document that tells the model what her rights are in using the images. This should be signed by the photographer. As the photographer owns the "rights" to the images, he/she needs to "assign" or "transfer" rights to the model.

Typically the rights assigned fall under one of the following categories:

• Complete Rights Transfer: This is when the photographer gives up the rights to use the photos, and no longer owns them. This is not something a photographer would ever give to a model, but is sometimes given to companies such as a corporation that hired the photographer, or a magazine or publication that the photographer is shooting for.
  
  
• Unrestricted Rights: This is when the photographer gives the model rights to do whatever she sees fit with the photographs, including publish them, sell them, post them on the web; whatever use the model sees fit.
  
  
• Self Promotional Rights: The model is given use of the image for self-promotion only. This may further be limited by being designating where the rights are limited to, such as Web only, or Print only. In this scenario, the model may NOT have the images published, or sell them without additional negotiation with the photographer.
  
  
• No Rights: When the model is being photographed for a paying job, in which the photographer is providing images to one of his clients (such as promotional/advertising work, or publication work) and he must give up his rights to the images to his client, the model almost never has rights to use the images (see note 3 below).

If there is no usage document given to the model, she has no rights to use them publicly.

Sometimes, these 2 documents are combined, and all put on the Model Release. This is not how I prefer to do it; as they cover different types of rights, but many photographers will handle it this way for lessening of paperwork. But on a combined release/usage document, BOTH the model and photographer (and a witness) should sign.

In all cases, the professional way to engage in a shoot is to have BOTH of these documents signed (or the combined document signed by all parties). A common mistake by hobbyists, Amateurs, and beginning professionals is to not complete these documents. Unfortunately this is all to common today, so sometimes it falls on the model to make sure that these documents are signed and secured before the shooting takes place.

If you are wary before the session about what the photographer is going to shoot, then you shouldn't be signing documents, or shooting with them in the first place. Do not be afraid to say "No". There are MANY incredible photographers out there, and no one shoot is going to make or break your career.

The rights assigned by to the photographer to the model, and the rights to use the models image should ALWAYS be negotiated, put on paper, and signed before the shoot takes, place.

A few scenarios as to how all this applies:

If you have shot with a photographer, and you have negotiated, and signed all the documents, both of your rights specifically what is on the signed documents. Any additional rights needed later must be added on a separate signed, dated document.

If you have shot with a photog, and you signed a model release, but no rights have been given to you; the photographer has whatever rights are given on the model release, but you have no rights to use any of the images, except to show your (non-professional) friends, and to hang them on your wall at home. (this scenario sometimes occurs in commercial shoots, where the model is paid)

If you have shot with a photographer, and no model release was signed, neither the photographer nor the model has any rights to use the images in any commercial or self-promotional way. They may also not show them in their portfolios, or on the web. While this is often done anyways, it is not the proper way to do it legally, and if one of the parties does not want the images seen, then both must no longer use them in any self-promotional capacity (including the web or email).

If the model release is limiting to the types of imagery used (for example, the model agrees to a release that has no nudes for commercial or promotional use) then the photographer can use / show the non-nude images for the shoot, but the nudes can only be hung on the wall (but not sold, or shown in a gallery).

Bottom line is that all of these things should be put into paper BEFORE the camera is used. Even if it with someone you know or a friend. Whether it a professional, amateur, hobbyist, etc. Because you never know what the future holds, and contracts are not for when you are still friends with someone, but to protect you when you are in disagreement (or in court) with them.

It's really not as scary or procedural as it all sounds, but it is important to act and work professionally even if it is just a TFP or test.

Notes:

1 Work for Hire is an exception in the copyright law when the photographer gives up all of his rights on the imagery to the client. This often happens in corporate reports, advertisements, and some publications. When this is the case, the photographer no longer has rights to assign to you, so you must get rights from the client (the buyer of the photography).
A photographer would almost never give a model all the rights and work for the model in a Work for Hire situation, unless the model was paying a LOT of money, and it was agreed on beforehand.

2 When Agreeing to the terms on a model release, make sure you are comfortable with the terms of the release. Often it is good to get a blank copy of the release emailed to you beforehand so you can see the terms and discuss them with a photographer. Remember, this is a contract. There are many bit of legalese you will not be able to change on the contract, but the rights to use your likeness should be clearly outlined and should only extend to what you plan on shooting for that session. After a while, you will get used to reading and seeing these contracts.

3 It is accepted common practice that any published piece may be put in your portfolio as a "Tear Sheet". Tear sheets are the lifeblood of a professional models portfolio, and collecting good tears sheets is essential to your advancement in the field.

----------------------------------------------------------------------------------------
Here is the standard release recognized by the American Society of Media Photographers (ASMP) and is also recognized as the standard form for the Associated Press (AP). Most photographers use this, or a variation of this release form: