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Markk9
15th of December 2011 (Thu), 09:56
Iím in the process of setting up a photo-shoot with a model that is a friend of a friend. I want to do a shoot with her in a bikini and other sexy cloths on and around my motorcycle (Harley-Davidson V-Rod). We are planning this for the spring when the weather warms up at bit. I have some rapport with the girl, I have shot her at a few of the photo club shoots.

The only request she has and wants in the model release is that no accidental nudes or up skirt type photos ever get posted anywhere or get printed. She understands that sometime without intention, shots like that happen. She just doesnít want them to haunt her.

So my question is how to I word this into a standard model release?

PhotosGuy
15th of December 2011 (Thu), 10:11
How about, "Accidental nudes or up skirt type photos will be deleted by the photographer."?

Numenorean
15th of December 2011 (Thu), 10:17
Yeah just something like "Any shots which contain unintentional nudity or other content deemed inappropriate by the model and the original agreed upon intent of the shoot will be deleted by the photographer."

Though not totally sure about that. You don't want a model saying everything is inappropriate if they get upset or something...so I'd think about how to word that so it would have to fit two categories - the intent of the shoot being bikini & motorcycle - if something slips out of the bikini then that would be inappropriate based on the intent of the shoot.

suecassidy
15th of December 2011 (Thu), 11:17
Yeah just something like "Any shots which contain unintentional nudity or other content deemed inappropriate by the model and the original agreed upon intent of the shoot will be deleted by the photographer."

Though not totally sure about that. You don't want a model saying everything is inappropriate if they get upset or something...so I'd think about how to word that so it would have to fit two categories - the intent of the shoot being bikini & motorcycle - if something slips out of the bikini then that would be inappropriate based on the intent of the shoot.

"....deemed in appropriate by the model AND the photographer...." might be good verbage. You can explain that a certain level of trust has to exist on BOTH sides, and neither of you should have complete power over the other. In the event of a disagreement, a mutually agreed upon 3rd party could mediate?

sspellman
15th of December 2011 (Thu), 14:50
I would never recommend that armchair lawyers edit legal documents on their own, since they are just as likley to void the whole document rather than increase protection. A wiser course of action is simply to agree with the model to review the images after the shoot, delete any problematic photos, and then sign a standard release to cover the images that remain.

-Scott

stephenb49
15th of December 2011 (Thu), 22:05
"A wiser course of action is simply to agree with the model to review the images after the shoot, delete any problematic photos, and then sign a standard release to cover the images that remain."
I don't believe it, someone answering a question on a forum who actually knows what a model release is for, and how a model release should be dealt every time one is used for a shoot!

Markk9
16th of December 2011 (Fri), 13:28
I like the idea of looking at the all photo and deleting the ones that are problematic. The models concern is that deleted files can be recovered, she is a tech savvy girl.

For her it comes down to this, she is 18 and has been a part time model, and wants to make ago at it. She had a friend that had some unintentional nudes posted by the photographer, and because she signed the release, he can post them. She's not trying to get out of the photoshoot, she wants to do it. But, again doesn't want unintended nudes or up skirt types stuff coming back to haunt her. I have no problem with her wanting this. I'm going to talk with an attorney about how to word this.

BrodieButler
19th of December 2011 (Mon), 20:31
Well let us know what the attorneys advice is!

RDKirk
22nd of December 2011 (Thu), 16:12
I like the idea of looking at the all photo and deleting the ones that are problematic. The models concern is that deleted files can be recovered, she is a tech savvy girl.


To be honest, at this point if she actually believes you would recover deleted files after agreeing not to, I would bid her a cordial adieu.

Contracts are vital, but the contract should actually be a technicality in what should otherwise be a cordial working relationship. Adversarial working relationships should be well-compensated financially to make them worthwhile and otherwise avoided.

Mark1
22nd of December 2011 (Thu), 17:13
She is already protected by law. A model release is not an airtight contract. She can still sue over useage that she deems is detrimental to her reputation. Such as nip slips, etc...etc... She is not signing away every last drop of controol. She is signing away acceptable useage of her likeness.

sandpiper
22nd of December 2011 (Thu), 17:32
To be honest, at this point if she actually believes you would recover deleted files after agreeing not to, I would bid her a cordial adieu.

Contracts are vital, but the contract should actually be a technicality in what should otherwise be a cordial working relationship. Adversarial working relationships should be well-compensated financially to make them worthwhile and otherwise avoided.

This is the way I was thinking too.

If she feels that it has to be written into the release, then how much does she trust you? If she has trust issues, they are likely to show up when the two of you are out in the boonies somewhere, with her wearing very little clothing.

Most models (who don't normally work to nude levels) would have an issue with such shots being published, but they generally trust the photographer to delete them, and the vast majority of photographers would do so automatically anyway.

You say you have shot her on a few occasions before (albeit in a group setting), so she should be prepared to take your word for it. I mean, she has every right to insist it is in writing, don't get me wrong, it's just the implications of that would tend to put me off shooting with her out on our own somewhere. I feel that a good rapport is vital to a shoot, and trust is vital to a good rapport.

RDKirk
22nd of December 2011 (Thu), 18:23
She is already protected by law. A model release is not an airtight contract. She can still sue over useage that she deems is detrimental to her reputation. Such as nip slips, etc...etc... She is not signing away every last drop of controol. She is signing away acceptable useage of her likeness.

This is also very true.