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Model releases.
I am talking to my attorney about a very widenet model release I am having him draw up for me. As you know each type of shoot carries with it a different clause or event. One thing we are discussing are the different state laws that may be in effect on these releases. I know my own state quite well but when shooting other locations I was wanting to open a discussion of things that might be of a local concern regarding copyright laws. If anyone has any knowledge or twists regarding their state laws that may be unique I would like to hear form you. California and Florida especially. Kal Jan 15 07 09:22 pm Link I have not updated the lists in some time but you can start your search here. List of copyright arguements and discussions https://www.modelmayhem.com/posts.php?thread_id=45764 The list of release threads, samples, questions. https://modelmayhem.com/posts.php?thread_id=48869 From The list of lists. https://www.modelmayhem.com/posts.php?thread_id=47436 Others are welcome to answer the question more directly. Jan 15 07 09:57 pm Link Mhana wrote: thank you Mhana thats pretty helpful Jan 16 07 03:37 am Link KALPHOTO wrote: 1. Model releases do not deal with copyright, they deal with the model's rights to control his/her image (rights of privacy/publicity). To the degree they deal with anything else, they are no longer "model releases" but something else. Jan 16 07 09:50 am Link TXPhotog wrote: There are some states which have "copyright" laws, just like there are some states which have "trademark" laws. It doesn't hurt to know about them. However, you are correct in essence that the Federal laws pre-empt almost all of them (some of them are still on the books from before modern Federal copyright/trademark statutes.) They're really not very important, but they *do* exist. Jan 16 07 10:21 am Link Why are you trying to re-invent the wheel? The issue of model releases has been around for a long, long time. There are a number of trade organizations and legal authors that publish good quality releases. Why don't you just download one and provide it to your attorney as a starting (or probably ending) point? Jan 16 07 10:35 am Link To be a legally binding, all an agreement needs to be is: A. Written in clear and understandable language and agreed to be all parties, B. Include something called "consideration" (which can be anything of value exchanged between that parties. Consideration could be $1. It could be that you bought the model pizza, or gave her a can of soda during the shoot. Consideration could be a CD of images, a print, or an I.O.U. for a CD or print. Most model releases therefore begin with the phrase "For consideration which I have recieved..." Model releases could include language as to who owns the copyright, but it really is a seperate issue and Federal Laws presume that it belongs to the photographer unless he agrees to share those rights or somehow diminish those rights. Although it isn't absolutely necessary in some states, it's recommended that the model sign the release. Later, the model could claim that she didn't sign it and it's not her signature or what she agreed to. In some instances, models have one name which is "official" and use another for modeling. This can cause a problem when the models says, "My name is Mary Jones, this document is signed by "Italian Temptress, that's not me". So having a witness sign the release helps. If your images contain bondage or nudity you might want to make damn sure your models present ID proving their age. Some photographers require that the model hold her driver's license and then they take a headshot of the model and license to prove the identity of the model, her age and that she is the one who signed the release. Pornography laws are being changed all the time. Records need to be kept, and proof of age files are required along with a disclosure of where those files are kept. I'm not going to go down that road in this post...that's where an attorney might be helpful. Good luck. Jan 16 07 11:13 am Link StMarc wrote: If you are going to be nitpicky . . . nothing you said disagrees with what I said. I'm aware that there are state laws on the books, and that they are preempted by federal law. At most you could suggest that "enforceable" copyright law does not vary by state. For purposes of writing model releases, however, none of that matters. Jan 16 07 12:48 pm Link Mikes Images - Mike #4 wrote: 1. A model release is not "an agreement". It is a record of a unilateral action by one party. I could, if I wished, send you a perfectly valid release authorizing you to publish pictures of me, even though you had never heard of me and certainly had made no agreement with me. Jan 16 07 12:53 pm Link |
