I need advice...

Discussion in 'General Shop Talk' started by gabelimom, Jan 21, 2007.

  1. gabelimom

    gabelimom TPF Noob!

    Joined:
    Jan 12, 2007
    Messages:
    90
    Likes Received:
    0
    Can others edit my Photos:
    Photos OK to edit
    Hi everyone-

    I'm in a bit of a pickle and need advice. I am a co-founder of an online fashion and beauty magazine. My partner owns a modeling agency and we use her models for the fashion and beauty spreads. The models shoot for free in exchange for receiving tear sheets and new images for their comp cards, etc.

    My problem is this: My partner has the models sign a release for the online magazine (which is actually the release I use and gave to her to modify for her own purposes for the magazine.) The thing is that she does not want me to have the models sign a release for my own usage. She says that since they are not getting paid, she would have a huge problem if one of the images wound up somewhere in the future (i.e. an ad or something) and that she could get sued.

    I see her point completely, but something is not sitting right with me. Let's say I want to use one of these images in a book in the future -- I wouldn't sell the photos to stock or to a commercial advertiser, that's just not my style. Without a release, I am going to be stuck in the future, then, right? Her release (which, again, is my release revised), states that she can do whatever she wants with the images. So in theory, if we part ways in the future, she could turn around and use those images. I don't think she would, but you never know.

    This is foreign waters to me, so any help would be most appreciated! Thanks in advance to all!!!

    Jennifer
     
  2. Alex_B

    Alex_B No longer a newbie, moving up!

    Joined:
    Aug 30, 2006
    Messages:
    14,491
    Likes Received:
    206
    Location:
    Europe 67.51°N
    Can others edit my Photos:
    Photos NOT OK to edit
    Well, maybe my way of thinking is just too simple for this world, but I thought once a model signs a release for your own usage, then no one can be sued for anything. no matter if the model was payed for it or not.

    If a model works for me for free and signs the release, then this is still a signed release and valid.

    But then again I am not a lawyer or anything, ... so don't count this as a professional statement ;)


    [BTW, the colour of your writings troubles me :p ]
     
  3. gabelimom

    gabelimom TPF Noob!

    Joined:
    Jan 12, 2007
    Messages:
    90
    Likes Received:
    0
    Can others edit my Photos:
    Photos OK to edit
    Sorry about the color bothering you. I like pink. :wink:

    I think you misunderstood what I wrote. I wrote that the models are signing the release for the magazine, not for me. I want them to sign a release, and my partner does not. They are signing her release, not mine.
     
  4. hirschizer

    hirschizer TPF Noob!

    Joined:
    Nov 11, 2006
    Messages:
    21
    Likes Received:
    0
    the only problem i see and i see is that if they see that u are going to use it for whatever u want(whish is what its going to say on the paper) they might wanna get paid seeing as you might make money in the future. Maybe if u told them or wrote in the paper that the images were just going to be used to promote yourself or in a publication of a book then it would be alright.
    (again this is just me rambling about what little i know about releases) if anything u should ask a lawyer friend of yours or someone
     
  5. Alex_B

    Alex_B No longer a newbie, moving up!

    Joined:
    Aug 30, 2006
    Messages:
    14,491
    Likes Received:
    206
    Location:
    Europe 67.51°N
    Can others edit my Photos:
    Photos NOT OK to edit
    Yes, but I cannot see why your partner doesn't want them to sign your release .. if the models don't want to, that is their right to refuse and a different story.

    I think your partner claims that she herself might get into trouble if she lets the models sign your release. And that is not how I see it. I just cannot follow her logic.
     
  6. Alex_B

    Alex_B No longer a newbie, moving up!

    Joined:
    Aug 30, 2006
    Messages:
    14,491
    Likes Received:
    206
    Location:
    Europe 67.51°N
    Can others edit my Photos:
    Photos NOT OK to edit
    Women dressed in pink can be a sexy thing .. but text typed in pink just makes me feel dizzy :p
     
  7. mysteryscribe

    mysteryscribe TPF Noob!

    Joined:
    Feb 1, 2006
    Messages:
    6,071
    Likes Received:
    3
    Location:
    in the middle of north carolina
    Can others edit my Photos:
    Photos OK to edit
    Okay
    You are partners in the magazine... If the release was a single purpose release like I use ordinarily, then they have signed for use in the on line magazine and nothing else.... However ... if it is a standard all encompasing release, and you are partners, it is effect your release as well.

    That's how I see it. I would get copies of the releases and hold them. If they are all encompasing you should already be covered. I personally would keep the releases and the negs and if it was an all emcompasing release I would use the negatives as I saw fit. Remembering that the models are unlikely to see anything else you publish for your own use anyway.
     
  8. ksmattfish

    ksmattfish Now 100% DC - not as cool as I once was, but still

    Joined:
    Aug 25, 2003
    Messages:
    7,021
    Likes Received:
    34
    Location:
    Lawrence, KS
    Can others edit my Photos:
    Photos NOT OK to edit
    Talk to a lawyer. Free legal advice is rarely worth anything.
     
  9. mysteryscribe

    mysteryscribe TPF Noob!

    Joined:
    Feb 1, 2006
    Messages:
    6,071
    Likes Received:
    3
    Location:
    in the middle of north carolina
    Can others edit my Photos:
    Photos OK to edit
    good advice
     
  10. gabelimom

    gabelimom TPF Noob!

    Joined:
    Jan 12, 2007
    Messages:
    90
    Likes Received:
    0
    Can others edit my Photos:
    Photos OK to edit
    Thank you so much for your help!! I really appreciate it!!!
     
  11. craig

    craig TPF Noob!

    Joined:
    Oct 30, 2003
    Messages:
    5,600
    Likes Received:
    20
    Location:
    Hermosa Beach, CA U.S.A
    Free anything is real problem. Free will come back and bite you faster then anything. From what I gather you will be shooting for your friends publication. In that case they own the rights. Do not make things complicated by second guessing that. If you want your own work make it happen. Partnerships in photography are the second fastest thing that will bite back.
     

Share This Page