Should I make my model sign a contract

[Kbarredo]

I want to start making a website not for business but just to show off my work. That way I can get more models and I can increase my practice and skills for free. Now I intend to use my boudoir models pics. Should I make her sign a contract saying that I have all the rights to her pictures. I just dont want to post anything on my website and have her freak out at me. I had a maternity shoot a few months ago that showed some skin (no nudity though). The model I used said she didnt want half of her pictures posted anywhere. I was kinda annoyed because there were some I was really proud. Out of respect for her and my wifes friendship I didnt post them.

 

[GrantH]

If your doing it for free...maybe have her sign allowing you to post the pictures for use on only your website. I don't know that people care if you make money off of the pictures once they have their copies, but I could be completely wrong.

 

[Kbarredo]

If your doing it for free...maybe have her sign allowing you to post the pictures for use on only your website. I don't know that people care if you make money off of the pictures once they have their copies, but I could be completely wrong.

You would be so surprised how people act. They get so mad when their alter egos are posted. Some people dont like others knowing that they have a sexy seductress side. Its all about personal image to them.

 

[GrantH]

Canadians can be sexy? lol Sorry, had to. Some of the best people i've met are Canadians. I'm really just jealous is all lol.

Free is a difficult thing really. You don't mind (probably) if they spread the pics around, but you want that right as well. You don't want to pay them if you blow up off of their pics, so that's gotta be in there somewhere too. But is your website the only place you really want to post them or do you have blogs and forums you want to see them?

I've never done modeling shots, so I don't know. Curious to hear/read the answer.

 

[vtf]

It's simple, cya. Make it part of your process of setting up the appointment, etc., etc. so it's a smooth flow and most people won't notice it or they'll believe it's routine. As far as posting pics, that's your decision on a case by case basis but still have the contract, release signed.

 

[shortpants]

Always get a model release.

 

[DiskoJoe]

if the use is anything somewhat professional and you are worried then get a release.

 

[mommyfran]

glad i saw this post lol....does anyone have any examples of a contract or know where to get a basic one?

 

[Tony S]

Get a model release, it protects both you and the model. It also should say what you are allowed to do with the images. I know some people get really touchy about their boudoir photos since it's pretty personal. A release/contract helps eliminate any questions or trouble later on.

Google the phrase "model release" and you get over 69 millions results. On the first page of results there are plenty of examples to use to make one for yourself. There's even an app for smart phones that will let them sign right there on the spot and then you can email a copy of it to the model.

 

[KmH]

glad i saw this post lol....does anyone have any examples of a contract or know where to get a basic one?

You need to make sure a contract is actionable in the jurisdiction where it is used.

In other words, I would not recommend using the contract I use here in Iowa, in Texas, without first having a qualified attorney makes sure my contact wording meets Texas statues.

Model/Property releases are the same way, because each state has somewhat different laws and requirements.

Do you have a photography business?

 

[mommyfran]

yes, i just recently started it, but this didn't even cross my mind.....but i will review the laws and talk to a few other photographers about theirs, i believe my bro. knows an attorney that could help me out with that! Thanks for the thoughts!

 

[MLeeK]

glad i saw this post lol....does anyone have any examples of a contract or know where to get a basic one?

You need to make sure a contract is actionable in the jurisdiction where it is used.

In other words, I would not recommend using the contract I use here in Iowa, in Texas, without first having a qualified attorney makes sure my contact wording meets Texas statues.

Model/Property releases are the same way, becuae each state has somewhat differnt laws and requirements.

Do you have a photography business?

Keith is really right here. And to add to what he said: You are in Canada. The copyright laws are different there. I *BELIEVE* that you have to have a release from your model on that copyright to retain it. Then again it could be backwards seeing how you are using MODELS and they are not commissioning you to take their portraits... Keith would actually have more knowledge regarding copyright and some of what it is outside the states-he's well versed in that where I am not.
Your MUST have a contract to CYA and it should spell out in detail exactly what you are providing to the model and what the model is providing to you.
I always tell a new business photographer to see an attorney who is knowledgeable in copyright law when starting out. You may find that your seemingly iron clad contract is totally wrong or even neglects a few laws. It's really kind of important.

 

[WesternGuy]

If you can lay your hands on the last two issues of Outdoor Photography Canada, Kelly Funk has written a couple of short articles on Photographers Rights and things like model releases as the things relate to Canada. In these articles, he states:

Keep written and signed contracts for all photography and commissioned work, and always attain both model releases and property releases, if applicable, when working.

So I guess the long and the short of it is - always get model releases, whether you think you will need them or not. Have a look here for some "explanatory" ideas and thoughts: Model Release Primer . HTH.

Cheers,

WesternGuy