Photo release form

Silhouettecutter · Jan 13, 2017

I took some pictures that may be used in a musicians promotion. Could someone please email me a release form for his agent?
They need it by tomorrow.
Thanks very much.
Pam
silhouettecutter@yahoo.com

tirediron · Jan 13, 2017

Huh????

First what is it that his agent is releasing? Second, a model release (if that's in fact what you are asking for) is not like ball point pen; different situations require different forms with different conditions. Release statutes vary widely; my release might not even be valid in Texas, and.... do you really think it's appropriate to ask someone to send you a document that could represent a substantial investment not only of time, but money?

Perhaps, if you described the situation in a little more detail and asked for assistance rather than someone to do your work for you, you might have better luck!

Silhouettecutter · Jan 13, 2017

Sorry to Boggle you. I took some photographs of a musician .His agent wants to use them in conjunction with concert and his career promotion. I would think maybe for internet use and print material like posters . He wants from me a release giving him permission to use the photographs. I would have thought that this situation is a common thing among photographers and that someone would have a simple version of what I am asking for handy. But hey...I understand if I misunderstood the simplicity of the situation. I sell the occasional horse and myself and other small breeders share simple sales contracts with one another. That may not be how things work with photography maybe someone will give me some assistance and fill me in on how most people give people permission to reproduce their work?
Thank you.
Pam

tirediron · Jan 13, 2017

You could make it that simple if you want, but it shouldn't be. A commercial license should be a stand-alone document specific to that situation. It should spell out what the other party is allowed to do with the image(s): Can they edit them, crop them, use them in print, on-line only, how many times can they use the image, for how long a period can they use the image, etc, etc. It should also detail what you can do with the image: You want to use it/them in your portfolio, you may want to retain commercial use so that you can sell it to/on stock sites, etc.

My use license (this isn't actually a release, you're licensing the image to them for use) would read along these lines:

In consideration of the sum of <amount they're paying you; if it's nothing use a token $1.00> <Your DBA/Name> hereby grants non-exclusive licence to <the musician/agent> to use the image <description of image, copy attached> taken at <location> on <date> of <name of person in image> for a period of <how long they can use it for>. <The musician/agent's name> may use the image in both (or specify which) electronic and print form in a size not to exceed <dimensions>. <The musician/agent's name> agrees that they will not edit or revise the image in any way except for minor cropping without first obtaining written permission. <The musician/agent's name> agrees that use of the image will be limited to XXX thousand occurrences at any one time.

<The musician/agent's name> acknowledges that <you> retains copyright to the images and the right to use them in any lawful manner.

All of the unknowns would be spelled out in detail, and the document would likely run to at least one full page. It's very common for people like this to try and take advantage of those new to the industry by having them "sign over" all rights to a potentially valuable image. At the end of the day, the artist is going to make money with this image. Why shouldn't you? It's your image!

Designer · Jan 13, 2017

Silhouettecutter said:
His agent wants to use them in conjunction with concert and his career promotion.

I'm an amateur, so don't have one, sorry. Much depends on the use they will need. What uses, for how long, etc. You can search the forums on here to find the questions, but you probably won't find an actual form. Your attorney will be able to help you. Even if it takes an extra day or two.

Silhouettecutter · Jan 13, 2017

Thank you for this information.
Pam

KmH · Jan 13, 2017

What you need you supply is a Use License, which can be thought of as a copyright rental agreement.
http://www.useplus.com/pluslicensegenerator/Steps/Start.aspx?AspxAutoDetectCookieSupport=1
You own the copyright to the photo(s) you made of the musician.
You get to decide what ways (media types) the agent is allowed to use your copyrighted images, for how long, over what geographical area, at what size, and many other aspects.
You could in fact give away the whole shebang by granting the agent unlimited usage.

The agent needs a model release signed by the musician.
The model release allows the agent to use the musician's likeness to advertise/promote the musician.
Model release law varies by state, unlike copyright law which is federal law and the same for all 50 states.
Unfortunately model release law is not as cut and dried as laws like traffic laws and there are a lot of legal nuances that have to be taken into account.
A Digital Photographer's Guide to Model Releases: Making the Best Business Decisions with Your Photos of People, Places and Things

The girl that designed the Nike 'swoosh' logo got paid $35 because she was an graphic design student at the time.
To their credit Nike later gave her stock in the company, and made her a millionaire.

vintagesnaps · Jan 14, 2017

Get on http://asmp.org or PPA and get informed on releases and contracts and licensing usage. There's more to this than a release; it depends on what usage is involved.

You said you would think maybe for internet use and print material like posters, and that this is for promotion for the musician - you need to find out what type, how much, and for how long. This is commercial use, and is a lot of usage if it's potentially for posters, a website, and other promotional uses - and you should be paid.

ASMP has a 'paperwork' share on their site where photographers share actual contracts. There are usually a couple of examples available for any site users to read (with more available for members).