Pictures for magazine

Discussion in 'General Shop Talk' started by richjakes, Feb 16, 2009.

  1. richjakes

    richjakes TPF Noob!

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    I would like to start a new magazine for models. I have some models that would like to sell me some of their pictures to use in the magazine. Is it ok to purchase the pictures from the models to use in the magazine, without getting a model release, since I am purchasing the pictures and did not do the photographs ? Or do I need to get a model release too ? I would think I would need a model release from a model if I am the photographer who took the pictures and then paid the model.
     
  2. Flash Harry

    Flash Harry TPF Noob!

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    You can waste your money however you like but your rights to publish others work are zilch, the photographer owns the copyright and without his/her agreement or a pay per usage agreement your on sticky ground, the models could have bought all rights to the work but without a signed contract from the tog I wouldn't use them anywhere. H
     
  3. CrimsonFoxPhotography

    CrimsonFoxPhotography TPF Noob!

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    I second that partially; an agreement with the photographer isn't needed if the model actually purchased the rights from the photog. It would be this guy's job to ensure who owns the rights - the photographer, the model, or someone else entirely. You will need a model release anyway since it is not the same as getting permission from the artist(s). With a model release, the model is giving you permission to use their likeness; the artist(s) giving you permission is called licensing. Simply handing the model money isn't the equivalent of either; you will need a contract with each of them.
     
  4. richjakes

    richjakes TPF Noob!

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    So I should get an agreement made from both model and photographer ? How about payment for the pictures ? Who gets the payment ? Just model or both ?
     
  5. CrimsonFoxPhotography

    CrimsonFoxPhotography TPF Noob!

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    Again, this depends on the nature of ownership at this point. If the photographer still has the rights then both; remember, it's the photographer's (or photography company's) photo but it's the model's likeness so you will need both. However, if the photographer happened to sign over FULL licensing rights to the model, then you only need to pay and get an agreement from the model.
     
  6. craig

    craig TPF Noob!

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    Not sure what a "tog" is, but I agree with this statement.

    Love & Bass
     
  7. Big Mike

    Big Mike I am Big, I am Mike Staff Member Supporting Member

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    Photographer ;)
     
  8. richjakes

    richjakes TPF Noob!

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    Would you know how much should I offer the photographer and model to pay for the pictures ? Should it be an equal amount of money for both ? Thank you
     

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