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model release forms
what are the key points that i should include in a model release form? i've never used (or even seen one)...don't want to miss anything... any advice is appretiated...thanks! Mar 07 06 11:21 pm Link Mar 07 06 11:26 pm Link Do a google or yahoo search. There are dozens of examples on the web. The key is however making sure that the release is valid in YOUR State (or the state the images were shot in). After I prepared my release, I consulted with an attorney. I found that in my State (and a handful of others), "consideration" is not required for a a release to be valid (i.e. a person can sign away their likeness without getting any form of consideration given to them). However, in other States, consideration is a REQUIREMENT and without it, the release will not be valid. In my State, if you do include "consideration" in the Release, the Release becomes a contract and is subject to review under contract law. In my original release, I had the term "for the good and valuable consideration contained herein." My lawyer suggested that this language be removed as it opens the Release (i.e. a Contract) up for a judge to scritinize whether the consideration was, in fact, "good and valuable". While she (my lawyer --- a photographer and a lawyer who specializes in photography/copyright law) certainly did not think that this language was a fatal flaw in the release, she considered the change to "for the consideration contained herein" to be a "cleaner" contract/release in the long run. Even though in my State a Release can be valid without Consideration, I elected to keep Consideration in my release since I also want to use the release, on occation, in other states. This seemed to me to be the safest approach. My advice: If you are serious about photography- research model releases VERY carefully on the 'net or in print. Read lots of examples. Put together a release that makes sense to you and then, CONSULT and Attorney in your State for final validation that your Release makes sense and will stand up in court. Dave Mar 08 06 05:12 am Link There is a book called Lgeal forms for Photographers that covers just about every form related to photography business. The American Society of Media Photographers is another good resource. Their web site is http://www.asmp.org Mar 08 06 06:04 am Link JDF Photography wrote: Agreed. Mar 08 06 02:03 pm Link |