Model Release and DBA

[ryderwylde]

Hello fellow photogs!

I'm new here and have a quick question I couldn't quit find the answer to anywhere.

Basically, here is the situation:

I am starting up a photography business with an assumed name. Now, in my state (New Mexico), DBAs are not accepted by the government. As I understand it, basically I can use an assumed name in my work all I want I just don't have to file a DBA like in many states.

My question is:

Does anyone know if, when getting a model release, should I be using my business name or should I use my real name in the release?

Thanks for any advise anyone can provide!

 

[tirediron]

That's a question best posed to an IP lawyer in your state, but I would use both to cover my .... "I <Subject's Name> grant Bill Smith of Acme Photography...."

 

[Studio7Four]

I agree that it is best to consult with someone locally if setting up a business. My gut says that, regardless of whether you also include the company name, you'll want to include your real name.

Think of it this way. If you only use the business name, what happens if some years down the road you have expanded your business and want to sell it (the business)? If only the business name is on the release I would expect that the release then transfers, along with the business, to the new business owner and you lose the release rights for the pictures you took. (I expect you still maintain copyrights - unless you transfer those as part of the business sale - you just might no longer have the rights to use the images commercially.) Similarly, if you were to expand and have employees shooting for you, then you would probably want to have them use just the business name (or business plus your name but not the employee/shooter), so that should that employee ever leave your company you would have release rights and they would not.

 

[KmH]

The model release addresses the use of copyrighted photographs you have made, not that your business/assumed name has made. In other words the copyright is owned by you, it's not owned by the business.

The model release likely needs to use both your name and the business/assumed name to ensure all the bases are covered since your self-publishing and self-promotion will use the business name. Model release laws vary by state.

It is a very poor business practice to rely on legal advice you get in online forums, be they photography - or law forums.

The best business practice is to consult with a qualified attorney licensed in the state (or states) you will be doing business in.

 

[tirediron]

The model release addresses the use of copyrighted photographs you have made, not that your business/assumed name has made. In other words the copyright is owned by you, it's not owned by the business...

Perfect example of regional differences. In BC, it would depend on your business structure and how you were incorporated.

It is a very poor business practice to rely on legal advice you get in online forums, be they photography - or law forums. The best business practice is to consult with a qualified attorney licensed in the state (or states) you will be doing business in.

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