Model Release

Discussion in 'Photography Beginners' Forum' started by MohaimenK, Aug 10, 2010.

  1. MohaimenK

    MohaimenK TPF Noob!

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    Are you guys doing this? My manager just reminded me I should have copies of this for my own good just incase. Is this something you guys are doing that are using the photos in your websites??
     
  2. Village Idiot

    Village Idiot No longer a newbie, moving up!

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    Yes. It's not absolutely necessary for certain uses, but it's always better to have and not need that the not need and have.

    I have a few I can send you. Use them or not...
     
  3. MohaimenK

    MohaimenK TPF Noob!

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    Thanks, I just printed one off the internet but yeah do send me at fotobymomo@aol.com or I guess link would do? I put in there "Foto by momo & (my name)" in there. But the one I posted before of the girl at the "first model shoot" thread, you think I should keep it there or take it off until she signs a release form?
     
  4. MohaimenK

    MohaimenK TPF Noob!

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    Here's what I found:

    Foto By MoMo Model Release
    In consideration of my engagement as a model, upon the terms herewith stated, I hereby give to Foto By MoMo & Mohaimen Kazi [photographer] his/her heirs, legal representatives and assigns, those for whom the photographer is acting, and those acting with his/her authority and permission:


    a) the unrestricted right and permission to copyright and use, re-use, publish, and republish photographic portraits or pictures of me or in which I may be included intact or in part, composite or distorted in character or form, without restriction as to changes or transformations in conjunction with my own or a fictitious name, or reproduction hereof in color or otherwise, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose whatsoever.

    b) I also permit the use of any printed material in connection therewith.

    c) I hereby relinquish any right that I may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.

    d) I hereby release, discharge and agree to save harmless [photographer], his/her heirs, legal representatives or assigns, and all persons functioning under his/her permission or authority, or those for whom he/she is functioning, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.

    e) I hereby affirm that I am over the age of majority and have the right to contract in my own name. I have read the above authorization, release and agreement, prior to its execution; I fully understand the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns.



    Print Name: _________________________________

    Signed:______________________________________


    Dated: ______________________________________

    Address:
    _____________________________________

    City:________________________________________

    State/Zip:____________________________________


    Phone:______________________________________

    Email: ______________________________________
     
  5. KmH

    KmH Helping photographers learn to fish Supporting Member

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    If a model release is needed, is determined by how an image was created and how the image is used.

    A model release protects the model and the publisher of the image. Sometimes the photographer is also the publisher.

    A model release is not needed for display on a personal web site, but would be needed for a web site where you promote your photography, IF , the people in the photos could be perceived as endorsing and/or sponsoring your photography business and/or the photos were made under controlled conditions.

    In some states, their "Right of Publicity" laws could come into effect.

    Which brings up the point that a model release you snatch off the Internet, may not actually be vaid in your state.

    Consequently, I would recommend you use a boilerplate release written by qualified attornys, familiar with the ins-and-outs of publishing and model/property release law.

    Fortunately, on of those is readily available at:
    http://contributors.gettyimages.com...SAMPLE_Model_Release_-_English_-_Dec_2008.pdf

    Getty has their release available in a number of languages, and they also have a property release.
     
  6. inTempus

    inTempus TPF Noob!

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    If you have an iPhone, check this app out. That way you always have releases with you.

    Model Release Forms Go Mobile with New iPhone App | CreativePro.com
     
  7. Village Idiot

    Village Idiot No longer a newbie, moving up!

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    I've been looking at that app.

    Would something like that hold up in a legal dispute?
     
  8. MohaimenK

    MohaimenK TPF Noob!

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    perfect!
    yeah it should hold as Apple store is now using their iphone for that purpose and swiping credit card though it and they ask you sign w/ your finger
     
  9. inTempus

    inTempus TPF Noob!

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    I've never tested it in court, obviously. My buddy who is an attorney said the application itself is capable of creating a legally binding document. The question then becomes "how well written is the contract?" I haven't gotten legal advice on that.

    I would say it's at least as good as the sample contracts you download from various websites... but then I'm not a lawyer so take that opinion with a grain of salt. :)
     
  10. Village Idiot

    Village Idiot No longer a newbie, moving up!

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    I do have a friend that's one. I could e-mail him.
     
  11. inTempus

    inTempus TPF Noob!

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    Let me know what you find out. I would be interested in hearing his/her thoughts as well.
     
  12. MohaimenK

    MohaimenK TPF Noob!

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    BTW how does this work w/ weddings? There are so many people there, do I have to get a release form signed for them?
     

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