Using client photos for other projects

[Laura B. Shelley]

Recently I did a reference photo shoot of a young girl for a commission. I have a business relationship with her and her family; they are not relatives or close friends.

The pose I picked for her portrait is a close-up, but I also took scores of pictures of her running across a sunlit field with her kite. While reviewing them, it occurred to me that a number of the longer shots would translate very well into figuratives; they might even make a series. Some of the pictures I'd like to use were taken close enough that a faithful rendering would be recognizable, and some are from farther away.

Has anyone here done this sort of thing? What legal bases should I make sure to cover? Should I prepare a specific model release? My husband suggests that I just add a clause to the portrait commission contract (not yet signed) that says I can use the photos for other purposes than the specific commission and leave it at that.

That doesn't seem adequate to me, and I don't want to sneak it through, obviously. I want to make it clear to the parents what I plan to use the photos for so that they won't be surprised or upset.

I'd probably phrase it in as flattering a manner as possible ("These were such nice pictures of your daughter that they really inspired me") without giving them the idea that they ought to be compensated for the additional use! I could certainly offer them prints of the finished paintings as a gift or something like that. But I don't want them to get spooked in some way or otherwise complicate the process.

I'd love to hear any suggestions you may have!

Laura Shelley