In this episode, we’ll discuss the important difference between the terms “model release” and a declaration granting copyright to photographs.
First, let’s imagine the following scenario: you’re an attractive young person interested in modeling. A photographer contacts you and offers to take your photos, with the understanding that you’ll both use the resulting images. You agree to do the photo shoot since it will be free of charge for you and you’ll be able to use the photos, but the photographer asks you to sign a model release as an informal part of the shooting process. The question is whether you should do it and what that would mean for you? 
We’re discussing this kind of scenario because there are many young people who aren’t part of an agency but want to be models or build a career on social media. Consequently, they reach out to or are approached by photographers online. This poses risks for both parties.
When you agree to model in a photo shoot in Bulgaria, you must be aware that the photographer is the legal owner of the photos (Art. 13, para. 3 of the Copyright and Related Rights Act). In this sense, the question arises: can the photographer, as the owner of the photos, use them as they see fit without the model’s permission? If the photographer wishes to license the rights to the photos to third parties, whether in exchange for money or free of charge, he or she must have a signed declaration from the person photographed stating that the model has no claims regarding the rights.
Given the increasing number of photo shoots involving individuals who are not represented by an agency, you should be aware that if you agree to be photographed in a photo shoot, you are entering into a legal agreement with the photographer. Since the law provides that terms may be agreed upon between the photographer and the person depicted, we advise you to have a detailed discussion about where, how, and for how long your photos will be used. It is important to understand the difference between a formal contract, which some people call a “declaration,” and a “model release.” The latter is used when you create stock photos that will be uploaded to a photo download site(s) and can be downloaded by any user of the site for a fee or for free. If you want to receive a share of any such proceeds, you must reach an agreement with the photographer by signing a preliminary contract. If you sign a model release, you grant anyone the right to use your photos in any form.
Although there are increasingly more opportunities and people willing to participate in professional photo shoots nowadays, you should carefully consider how your rights will be handled and be aware of what you are agreeing to when signing declarations or a “model release.” We advise you to consult with a trusted attorney if necessary.
Author - Teodora Maude
Sources:
https://www.pravatami.bg/s/664
https://iusauthor.com/publikacii/127-portretna-fotografia-avtorski-prava.html
