Question about model release practices

[anilyzer]

Hello. New to the forum. This seems pretty great.

Anyways I've been doing some work with a model for a fitness book--I paid the model, and had him sign two very thorough-going model releases. One of the model releases also mentioned the name of the book/marketing project specifically.

My question is, does this give me 100% go-ahead to use this guys images in a book? The book is starting to shape up like it will feature this model very prominently in the book, possibly 100s of images, all of him. He knew going in that I was working on a book and wanted to use some images of him, and he sat for two photo-sessions that were very in-depth. However, I perhaps haven't explicitly discussed with him exactly the nature of the project; and I wasn't aware of really how central the images of him would end up being to the project.

I feel like I am in the clear here, that the photo releases and contracts state pretty unequivocally that I can use these images in a very unlimited manner, forever, etc etc. However am I straying into different territory at all somehow by using someone's likeness and featuring it so prominently in a book, making that person very central to the book project? Also I'm not sure if I am required to credit him, or if that is optional, or what effect that has on things.

As the project starts to launch, I'm sure I'll would probably send him a copy or whatever... however not sure if he might at that point try to say he is entitled to some royalty or whatever. However I feel that since I have the full rights to the photos, that is pretty unequivocal and I am free to use them for the project as intended.

Any thoughts or insight into this would be most appreciated. Thanks

 

[Tee]

Payment should've been covered in the release/ usage agreement. Does your contract say you may use the images for profit?

 

[anilyzer]

Payment should've been covered in the release/ usage agreement. Does your contract say you may use the images for profit?

Yes, in so many words. The two model release forms are very thorough, and cover the usage of the photos in all formats, for all purposes, along with any conceivable modifications, representation as fictitious character, for any commercial purposes, etc etc and also specify that the model relinquishes all rights whatsoever to the photos and promises that they will never pursue any further claim or remuneration of any sort, and that they are ok with the payment received etc.

I believe it covers all the bases, but I just wasn't sure if featuring somebody so prominently in a book or project somehow took it to another level. I've heard of models earning royalties from advertising etc... is that just a function of the contract agreement they signed? These contracts and releases specify and certify that compensation has been received,
and that in exchange for the compensation all rights to the work are handed over etc etc.

I guess I shouldn't be skittish about it, I'm just somewhat new to this type of project--as I mentioned it is an exercise book, and in the market I'm in this project could get a fair amount of exposure and be fairly high profile.

 

[anilyzer]

anyhow, I was just on the Dan Heller website and read it for about an hour... I seem to have gotten my information fix... good stuff...

 

[KmH]

Then Dan likely noted that the 2 states you need to be the most careful in when it comes to model releases are California and New York.

There are 2 potential issues in those states:

1. the amount of compensation the model received
2. and those states 'right of publicity' statues.

You really should have a consultation with a qualified attorney.

You stated you 'paid' the model. As long as that payment was sufficient to satisfy the compensation requirement in California, you're likely good to go. I don't think a free 8x10 would cut it.