Photo Release Form Questions.

[Mocha13]

...
KmH - I make money by the clients who come to me for photo sessions.

So, you give the photos away that you make during a photo session?

Sorry, I can be dense sometimes. I still don't understand "I am not gonna be selling the photos to anyone".

Why would you need a model release to take a family portrait and sell the family a copy of their portrait? She means she isn't selling them to third parties, I believe.

 

[Chris R]

You really should get a contract signed and have the images copyrighted for a totally different reason. Think about this scenario... Let's say you take a photo of someone and sell/give it to them without anything signed and you never bother copyrighting it. A year later this person becomes extraordinarily (in)famous and the picture you took ends up on the cover of every magazine and news article in the world. Wouldn't you like to own the rights to that image and have all the proper paperwork to back it up?

 

[KmH]

You really should get a contract signed and have the images copyrighted for a totally different reason. Think about this scenario... Let's say you take a photo of someone and sell/give it to them without anything signed and you never bother copyrighting it. A year later this person becomes extraordinarily (in)famous and the picture you took ends up on the cover of every magazine and news article in the world. Wouldn't you like to own the rights to that image and have all the proper paperwork to back it up?

The photo is copyrighted the instant it is written to a tangible medium (like camera memory card). However, since US copyright is federal law, the copyright can be significantly strengthened if the copyright is registered with the US Copyright Office.

The scenario you propose has happened many times.

An oft told story is about a retail photographer in Louisiana that made photos for a young male high school senior.
Later, on January 3, 2004 that young man married a girl from Louisiana. They got married in Las Vegas, but the marriage was annulled just 55 hours later. The young lady was pop singer Britney Spears and that retail photographer in Louisiana made some serious extra money when all the magazines and other outlets wanted to use the photos of the young man.

 

[GooniesNeverSayDie11]

BUT if you are not going to sell them to someone for advertising purposes, you really don't need a release form.

No, I am not gonna be selling the photos to anyone.

I can be dense sometimes.

I think KmH gave pretty sound advice. Not much else to add to it. Just make sure you are strictly showing the images in a portfolio and your website and cannot be misconstrued as promoting anything. They are strictly to showcase your work. I would definately add a clause to your normal contract. Number #1 its easier that way and #2 They are less likely to even pay it any mind at that point. When given a seperate release, many people look at it as "oh are you planning something fishy, why do I need a contract?" because they don't understand the way things work. Just like someone who signs one, may still think they are entitled to sue you. They don't really grasp it in most cases. Although, you should have a nice thorough and non-fishy explanation of the need for one prepared, should you have to explain.

 

[kristyj]

I don't give the photos away. When people come to me for photos, I do the a photo shoot and then I put the photos on a disc and if they want prints, I give them package deals. They pay for the disc and the package.

 

[kristyj]

I copyright my photos when I post them up on the web. When I put them on a disc, I do not copyright them cause I want the clients to be allowed to do their own printing at any place they would like to. I know a lot of places will not print out the photos if they are copyright to someone else. I think they have to have a copyright release form which wouldn't be a problem. I would simply print one out and tell the client to add it in with the disc so the company will know they are allowed to print the photos giving my permission. At least I think that is how it works.

The area I live in is really small, I am not in a big city so the chance of my work showing up on magazines and newspapers are slim to none BUT I know there's always a chance and getting a contract is something to think about.

 

[KmH]

A photo is copyrighted even if there is no copyright statement added to the image.

The photo is copyrighted the instant it is written to a tangible medium (like camera memory card).

From http://www.copyright.gov/circs/circ01.pdf:

Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work.

 

[photo guy]

Model release forms are a great idea. I talked to a pro photographer that I know who stated there are many genaric forms that would do (cover varies with the different forms) and don't really need a specific one each time unless you want to (time consuming). As far as a lawyer goes, if you want to talk to a lawyer it would be a smart idea in the long term (sometimes depending on where you live there may be free legal clinics where a group of attorneys make themselves available for free to the public) if you want to keep enlarging your business.