I need advice...

[gabelimom]

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

 

[Alex_B]

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.

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 ]

 

[gabelimom]

Sorry about the color bothering you. I like pink.

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.

 

[hirschizer]

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

 

[Alex_B]

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.

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.

 

[Alex_B]

Sorry about the color bothering you. I like pink.

Women dressed in pink can be a sexy thing .. but text typed in pink just makes me feel dizzy

 

[mysteryscribe]

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.

 

[ksmattfish]

Talk to a lawyer. Free legal advice is rarely worth anything.

 

[mysteryscribe]

Talk to a lawyer. Free legal advice is rarely worth anything.

good advice

 

[gabelimom]

Thank you so much for your help!! I really appreciate it!!!

 

[craig]

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.