|
Forums >
General Industry >
Model Releases
I was just reading the thread about protecting photographers rights when it comes to accusations of improper conduct and a lot of people were mentioning their model releases. The one I have been using is very basic, but I was wondering if maybe people would share some of the ones they have been using for the rest of us to have a look at? Apr 25 05 05:20 pm Link And since I am a model, who also has a litigation law firm background...maybe I could help? Let me know! McKenzie Apr 25 05 05:21 pm Link Posted by McKenzie: Perhaps (if you had the time) you could help MM develop a basic, standard release for models and photographers? We could post it on the site, and anyone who is a member could copy it and use it...that way, everyone would know WELL in advance what the release says, and make any necessary changes mutually. Apr 25 05 05:25 pm Link Posted by Matthew Grogan: Posted by McKenzie: Perhaps (if you had the time) you could help MM develop a basic, standard release for models and photographers? We could post it on the site, and anyone who is a member could copy it and use it...that way, everyone would know WELL in advance what the release says, and make any necessary changes mutually. I'd like to see samples of all the various types of releases on the site. Limited TFP/CD release, unrestricted release, liability waivers, etc. Apr 25 05 05:34 pm Link Posted by Matthew Grogan: Posted by McKenzie: Perhaps (if you had the time) you could help MM develop a basic, standard release for models and photographers? We could post it on the site, and anyone who is a member could copy it and use it...that way, everyone would know WELL in advance what the release says, and make any necessary changes mutually. As discussed Matt, I will start sorting some of this out and you and I can collaborate as model/photographer for some great releases and contracts that will benefit both model and photographer and keeping protection in mind for both parties. Apr 25 05 05:37 pm Link Posted by McKenzie: Posted by Matthew Grogan: Posted by McKenzie: Perhaps (if you had the time) you could help MM develop a basic, standard release for models and photographers? We could post it on the site, and anyone who is a member could copy it and use it...that way, everyone would know WELL in advance what the release says, and make any necessary changes mutually. As discussed Matt, I will start sorting some of this out and you and I can collaborate as model/photographer for some great releases and contracts that will benefit both model and photographer and keeping protection in mind for both parties. The sooner, the better! Be sure to let everyone know. Apr 25 05 08:10 pm Link I have a few releases on file as well. One is actually a contract that includes both a release and a copyright waiver, but close enough. Apr 25 05 08:22 pm Link Now that is a good idea! Posted by Matthew Grogan: Posted by McKenzie: Perhaps (if you had the time) you could help MM develop a basic, standard release for models and photographers? We could post it on the site, and anyone who is a member could copy it and use it...that way, everyone would know WELL in advance what the release says, and make any necessary changes mutually. Apr 25 05 08:35 pm Link I want to thank you for the positive responses thus far on the idea of a photographer and model collaborating to make releases and then make them available. Matthew and I will be working on this soon and will keep you informed, and would appreciate any feedback that you may have. So far, I have in mind a Minor Model Release, Minor Model Information Release, Publication Release, Adult Model Release, TFP Release between Model and Photographer and we will see what we can come up with. Thanks Again. McKenzie Apr 25 05 11:33 pm Link Posted by McKenzie: I've also contacted Tyler about putting a tab up top so the forms are easily accessible by all. Apr 25 05 11:53 pm Link Wow! This seems to be working out great! I'm glad I asked! Thanks everyone.  Apr 26 05 09:01 am Link I also have a model release for test shoots. Sometimes my test turn into the work for clients and I make sure if images are sold to a client to be used...rates for pay to the models is done for what it's usage is. It's out of respect and also business wise to think beyond your own gains of income. Apr 26 05 09:07 am Link "Improper conduct..." Is that where you poke a model with a stick because you are scared to touch her with your hands? Apr 26 05 09:09 am Link LOL Reese, Those of you that have releases and would be willing to send and share those, please feel free to email them to one of my direct emails at [email protected] OR [email protected]. I am going to go through, produce a variety of releases, that way, when they are up, you can choose the ones that best fit you, or the model for certain shoots and/or situations or jobs. Matt and I will be communicating throughout this whole project and would appreciate other opinions as well and input. McKenzie Apr 26 05 09:27 am Link I have a release on my site that can be downloaded as a .PDF. It is an amalgamation based on several other releases I found online and on a book I purchased of legal forms for photographers. Apr 26 05 09:54 am Link Posted by Elemental Photo: This is the current release I'm using. Apr 26 05 11:50 am Link Most contracts are good. Most of the contracts I have seen from photographers have also been good. Some models however, have wanted "publish" taken out of a contract when it is TFP. We are going to look at both sides and come up with some ideas and hopefully once on, will get some input. Also most contracts must be in writing to be enforceable or valid. It is always in the parties' best interests to put a contract in writing and have it signed by both parties. Then, if there is a breach of the contract there is no question as to what the terms of that contract were. I have done oral agreements before too, but if you don't know the model well, or the model doesn't know the photographer very well at all....don't do oral. If you do, only with whom you know and trust. In an oral agreement it is hard to prove the terms of the contract. The written contracts are considered to be the full and final agreement between the parties, contains all of the terms that the parties agreed to and none of their negotiations prior and resulting in the written agreement are admissible in a court proceeding unless there was fraud by one of the parties to the agreement. Written contracts allow for ease in collection through lawsuit. If a contract is CLEAR, parties will not incur a lot of time and money most usually when disputing. All Matt and I are going to try to do, is make some different types, to fit different needs and to help out where something may be missing from someone or something. We will do the best that we can, and of course, once these are completed, you can always take what we have started and add to it depending on your needs. McK Apr 26 05 01:37 pm Link This is why this is going to be a great site. With people helping, not back stabbing. Looking forward in seeing a forms Tab. Apr 26 05 01:53 pm Link Posted by Reese, VA . MUA: Yes...but not a pointed stick...a safe, dull, non-injury producing stick. Apr 26 05 01:54 pm Link A great idea and some really good comments Apr 26 05 02:16 pm Link I wrote a big long detailed reply and MM logged me out, so I lost it. This is sort of what I wrote: A lot of people tend to assume that legal paperwork is written in some complex foriegn language and that nothing less than a dozen "wherefores" will stand up in court. This is nonsense. I had an interesting chat with an amatuer photographer about this a while back. He was an attorney by profession, so he took the standard ASMP release and stripped it down from a full page to about three lines. Basically, that release, "In exchange for something or other, the photographer is allowed to do absolutely anything with or to the pictures anywhere, any time, any place and the model agrees not to sue him for it." But their release takes roughly a page to say it. In point of fact, a model relase protects the photographer only. All the release itself does is get a statement from the subject of the photograph that the the photographer is not liable for damages resulting from the photos. Only the releassee is required to sign a release for it to be valid. Here is my unlimited full release: GENERAL MODEL RELEASE I, ___________________________ the undersigned model, for good and valuable consideration (defined herein as ______________________________), the receipt of which is acknowledged, give to ___________________________ (Photographer), his legal representatives, successors, and all persons or corporations acting with his/her permission, unrestricted permission to copyright and/or use, and/or publish photographic portraits or pictures of me, and the negatives, transparencies, prints, or digital information pertaining to them, in still, single, multiple, moving or video format, or in which I may be included in whole or in part, or composite, or distorted in form, or reproductions thereof, in color or otherwise, made through any media in his studio or elsewhere for any lawful purpose. I hereby waive any right that I may have to inspect and approve the finished product or copy that may be used in connection with an image that the Photographer has taken of me, or the use to which it may be applied. I further release the Photographer, or others for whom he is acting, from any claims for remuneration associated with any form of damage, foreseen or unforeseen, associated with the proper commercial and/or artistic use of these images unless it can be shown that said reproduction was maliciously caused, produced and published for the sole purpose of subjecting me to conspicuous ridicule, scandal, reproach, scorn and indignity. By signing this general model release form I, the undersigned model, represent that I am of legal age in the state in which this general model release form is executed, that before signing this document, I have read it completely and understand it, and that I am bound, as is anyone who succeeds to my responsibilities and rights, as my heirs or assigns. Model's Name ___________________________________________________ Model's Signature _______________________________ Date ____________ Model's Address _________________________________________________ Model's Phone _________________________ Use as Reference [Y/N]______ Model's E-mail Address ____________________________________________ I left it more wordy than it really needs to be, just because they're all like that and I don't mind. Note that my release still allows me to sue for libel should the photographer do something really awful and malicious with the images. I do not sign away my right to sue for libel. It's not an easy thing for me to prove anyway. If that bothers a photographer, I have to wonder just what it is he or she has in mind for the images anyway. For most TFP and some low-pay projects, I generally only sign a limited release that entitles the photographer to use the images for self-promotion. Sometime I also allow print sales or gallery shows, depending on the type of work. Sometimes I'm so enthuised to work with the photographer for free, I sign away everything short of my imortal soul. Here is my limited release. Note it also includes a copyright waiver, so the photographer signs too. Usgaes are negotiated on a case by case basis and filled in the blank. LIMITED CONSENT AND RELEASE I, ____________________________ the undersigned model for good and valuable consideration, the receipt of which is (acknowledged) (pending), give to ______________________ (photographer), his/her clients and /or assigns, specific permission to: publish, copyright, distribute and/or display photographic images of me taken by photographer on the below listed date. The permission granted herein is strictly limited to the uses described below and for no other purposes, whether suggested or implied. I, the undersigned photographer, hereby agree to accept all conditions set forth in this limited consent and release. I, the undersigned model, hereby release and discharge the undersigned photographer, his/her clients and/or assigns from any and all liability by virtue of distortion, blurring, alteration, optical illusion and/or use in composite form (unless it can be shown that said reproduction was maliciously caused, produced and published for the sole purpose of subjecting me to conspicuous ridicule, scandal, reproach, scorn and indignity) when photos of me are used in accordance with the usage specified herein. I, the undersigned model, hereby waive any right that I may have to inspect and approve the finished product or copy that may be used in connection with an image that the Photographer has taken of me, provided it is used in accordance with the usage specified herein. USAGE_______________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ By signing this limited consent and release form I, the undersigned model, represent that I am of legal age in the state in which this limited consent and release form is executed, that before signing this document, I have read it completely and understand it, and that I am bound, as is anyone who succeeds to my responsibilities and rights, as my heirs or assigns. Model's Signature __________________________________ Date ____________ Model's Address ______________________________________________________ Model's Phone ________________________________________________________ Photographer's Signature ________________________________________________ Some models may want to retain the right to inspect and approve the final project. Apr 27 05 02:36 am Link Well, thank you to everyone who has submitted releases and/or info. I can't wait until we see a Tab up for this! Apr 27 05 08:47 am Link I am actually taking the variety of releases and starting from scratch. I am including things that are in most releases but also adding things that you don't normally think about, that should be in the release. I think you will like them once they are up. I appreciate the different aspects of every release I have seen, combining those and adding things that you don't normally see will result is a very nice...CLEAR...release. I hope that you all will check the tabs once they are in and I appreciate the input and the examples of releases. Maybe Matthew will be able to explain more once they are completed, but they will be somewhat different and legal at the same time. I can't wait for you to see them!! Still under construction but we are getting there. McKenzie Apr 27 05 11:52 am Link The subject of releases is important to all. I thought I would add my comments based on the past 30 years of experience in commercial, dance, and glamour photography. My suggestion is to first ask the question: What do I need a release for? For photographers, it is mostly to have a piece of paper that producers and trades will accept to publish. Secondarily, to protect themselves from a potential law suit. For a model, it is usually to ensure the model can use the photos legitimately and can also publish if needed. From a legal point of view....(I am a photographer not a lawyer)... a release is pretty much meaningless when it comes to a misunderstanding or misuse of the media in question. If a party wants to sue or threaten legal action, they will. Good will has already departed, and the release becomes nothing more than the point of attack for the harmed party's attorney. My advice: sign a release by all means, but do not expect it to protect you legally. Harmed parties, and their lawyers want justice, satisfaction, and retribution. If you agree up front, in advance, and always conduct business with the joint responsibilities and sensibilities of both model and photographer, you wont ever have a need for legal action to gain what you thought you lost by the actions of the other party. Communications between model and photographer is a vital part of good business and good friendships. As for test shots and TFP. Any photographer that does not grant the model unrestricted use of the imagery and then uses the images to promote or enhance studio or financial position is skirting the edge of ethical business practices. In my opinion, it is exploitation not to grant privilege for work done without pay. John Bartlett Washington Digital Photography Apr 27 05 12:47 pm Link Posted by Washphoto: You're right John, if people would communicate and behave with civility, morality, common sense and with a sense of responsibility for their own actions and behavior, we wouldn't need contracts...for anything. Apr 27 05 05:28 pm Link Posted By McKenzie: Whatever happened to this little project? Is it still being done? May 16 05 08:59 pm Link This would be really awesome if you guys could do this. Ive been trying to come up with my own release, but i can never get all the points i need. stating something so simple as to say, that i want permission to use images for my modeling, and in no way shape or form do I want my images used for adult type things and that no final images are allowed to show 'certain areas' is actually kinda hard. Any help would definately be appreciated. Im really not good with all the professional big words so it kinda makes it hard. May 16 05 09:11 pm Link Posted by Chanti: Check your mail. I've sent a copy of our general release as a sample for you. Our legal folks have blessed it. ;-) May 16 05 09:22 pm Link Posted by Chanti: May 16 05 09:24 pm Link I am just curius since we are on the release issue. How many photographers out there will sign the models release if she prefered to use her/his instead of yours? and what if her/his stated she owened copyright or wanted to share copyright? I been hearing all kinds of different things so I'm confused as if I should start using mine or not. May 16 05 10:41 pm Link Posted by CO Model Amber: I would be open to signing yours depending on what it said exactly. Every circumstance may be different ... I use a standard release with models but am open to using a models if she/he has one. With weddings, it's always my contract! May 16 05 10:51 pm Link Posted by Eric Muss-Barnes: Posted By McKenzie: Whatever happened to this little project? Is it still being done? Eric, yes, the papers were actually finalized a few days ago and given to admin. We hope it to be up really soon!!! Thanks for checking!!! It will have a few things that you won't find in other releases. Wait and see!!!!! May 17 05 09:02 am Link Wow, that's cool. Hopefully I will see it on here in the next couple days, so I can use it for my TFP shoot this weekend. Thanks ppl! May 17 05 12:54 pm Link Posted by CO Model Amber: While I don't like most releases photographers use, one thing has to be understood. A photographer is in business and as such, the release he/she uses is generally a legal document that has been scrutinized by either themselves, or their legal advisors. May 17 05 12:59 pm Link Posted by McKenzie: Please clarify...This is an honest question, not a snipe... May 17 05 02:50 pm Link Posted by Chanti: Chanti, I have a copy of a release form that allows you those rights... Next time I see you - I'll bring it. May 17 05 03:25 pm Link Posted by W. Herb Clark: Posted by Chanti: haha.. thanks.. thats easily said enough... May 17 05 04:44 pm Link Posted by Reese: Posted by Chanti: Chanti, I have a copy of a release form that allows you those rights... Next time I see you - I'll bring it. and thanks reese May 17 05 04:45 pm Link Posted by JHoward: Posted by McKenzie: Please clarify...This is an honest question, not a snipe... Anyone can draft a legal document. Yes, I worked in a law firm, have a litigation secretary background and WE are the ones that do most of the paperwork for the attorneys...so when you go to a law firm to have something drawn up...who do you think does it????? Either way, a written contract is a contract. It could be between neighbors and as long as it is written up and signed......it is legal and will stand in Court. Any contract, whether from a person or an attorney...CAN be challenged in Court. These are just to HELP and also have included a couple of things that are on no other releases that some people don't think of...to help. Take it as you wish, I am only trying to help. Why don't you wait to see the finished product. May 17 05 04:49 pm Link I can't wait to see it!!!!!! May 17 05 05:01 pm Link |
