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#1571 (permalink) | |
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Senior Member
Join Date: Jun 2007
Location: San Francisco Bay Area
Posts: 219
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#1575 (permalink) |
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Senior Member
Join Date: Aug 2006
Posts: 311
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*sigh*
Has anyone worked with model releases before?
My situation is: Got hired by a freely distributed magazine to photograph models for their covers. I'm being paid by the magazine, I don't know how/if the models are being paid by them. I scoured the internet for a standard model release that was simple and didn't look like a cell phone contract. The template I decided to use is below. I thought it was pretty straight forward, but when I took it out for the model to sign, she acted like she never saw a release before. On top of that, the magazine guy came over and grabbed it, saying things like "You could put her on a billboard tomorrow or some Chinese porn site." This of course freaked her out and she didn't want to sign. He said he would make up a release for her to sign and give it to me. I'm pretty uneasy about that and it would probably lead to back and forth modifications and be a hassle. Not to mention I don't think he should have anything to do with a model release between her and I. I need the job, but now I'm in the position of chasing them down and having this guy blocking models from signing, thereby preventing me from legally using my pictures. I have another shoot tomorrow with a different girl, and I know these things need to be taken care of before the pictures start. Basically I want to be able to use the pictures for anything I want to promote myself. To me, that's exactly what the release says. I can see how things like "worldwide" or "distorted" might seem extreme, but legal speak usually is. They go online, that's worldwide. I color correct them, now they're distorted. "Any product" means printed portfolio, business cards, website, etc. Am I missing something here? Verbally, they don't have a problem with me using them, but still don't want to sign anything. Thanks in advance. ---------------------------------------------------- MODEL RELEASE I ____________________________, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby irrevocably authorize TIMUN to use photographs of me and/or my property and authorize him/(her/their and his/her/their assignees), licensees, legal representatives and transferees to use and publish (with or without my name, company name, or with a fictitious name) photographs, pictures, portraits or images herein described in any and all forms and media and in all manners including composite images or distorted representations, and the purposes of publicity, illustration, commercial art, advertising, publishing (including publishing in electronic form in CDs or internet websites), for any product or services, or other lawful uses as may be determined by TIMUN. I further waive any and all rights to review or approve any uses of the images, any written copy or finished product. I am of full legal age and have read and fully understand the terms of this release. Description of images: __________________________________________________ ___________ __________________________________________________ ___________ __________________________________________________ ___________ Signed: ______________________ Witness: ____________________ Date: ____________________
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#1576 (permalink) |
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Senior Member
Join Date: Jan 2006
Location: Perth, Western Australia
Posts: 1,284
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Awesome, what a cool job to land. The model release thing is something I've not had to deal with but I've searched the net just in case I did need one but haven't found anything great. You're trying to do the right thing and it sounds like maybe not everyone uses them if these guys are freaking out when they see it.
The bottom of this page has a couple that might help (US based): Hannemyr.com: Photography Found this one too (AUS based), which could be reworded a bit to suit you; http://www.bookdesign.com.au/pdfs/le...ase%20Form.pdf In Australia the Arts Law Centre of Australia has one for sale for a fee $55 AUS. I would trust this one more since it's prepared by actual solicitors. But it's 15 pages long (haven't seen it, but it states its length on the site). Maybe there is a similar site for the US. Good luck! I think your best bet is to call a lawyer or see if there is an arts or photography centre for the US that can proof your release for you. |
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#1577 (permalink) |
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Senior Member
Join Date: Jun 2007
Location: San Francisco Bay Area
Posts: 219
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Looking at it from a models point of view (which trust me, I am not), it does seem too vague. Phrases like "composite images or distorted representations" and "waive any and all rights to review or approve" do mean that you could photoshop someone else's naked body under the models head, and do anything you want with it.
You could pull that stuff out and put in something that basically says the photographer is allowed to use any images taken to promote themselves. If it was me, I'd also add something that said images would not be sold without models consent. Good Luck!
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The Litterbox Podcast: "Like you have anything better to do..." |
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#1578 (permalink) | ||
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Senior Member
Join Date: Aug 2006
Posts: 311
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-------------------------------------------------- Model agrees that, while he/she may use the Photos for purposes related to the promotion of Model's modelling business, including, but not limited to: advertising, portfolios, composite cards, exhibitions, contests, and promotional web sites, Model will not sell or otherwise transfer publication rights to any of the Photos without Photographer's prior consent. Likewise, Photographer agrees that while he/she may use the Photos for purposes related to the promotion of Photographer's photography business, including, but not limited to: advertising, portfolios, composite cards, exhibitions, contests, and promotional web sites, Photographer will not sell or otherwise transfer publication rights to any of the Photos except with Model's prior consent. Model understands that Photographer has the moral right to be identified as the author of the Photos when copies of the Photos are presented to the public, and shall communicate this understanding to publishers, designers and other third parties that act on Model's behalf to create presentation material using the Photos. Model agrees that the Photos shall not be cropped, altered or distorted in any way when they are used to promote Model's modelling business. Any watermark and copyright notice that appear as part of a Photo must be left intact. Last edited by ThisIsMyUserName; 09-06-2010 at 10:32 PM. |
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#1579 (permalink) |
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Senior Member
Join Date: Mar 2007
Location: Chattanooga, TN
Posts: 385
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here's a 50 pack of forms in compact pad form that you can stow in your camera bag just in case:
Model Release Forms, Pad/50 - POR-600022 or you can roll your own: Pocket Model Release Pad – Scott Wyden Imagery |
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#1580 (permalink) | |
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Senior Member
Join Date: Aug 2006
Posts: 311
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Last edited by ThisIsMyUserName; 09-07-2010 at 11:15 PM. |
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