Model releases in Canada

[vfilby]

I am really only concerned with news/editorial work and I understand that in the US these uses do not require a model release. I also understand that a model release form is only valid in the US if compensation is given to the signee.

Can anyone comment on how a model release form would differ in Canada?

Thanks,

[jimtfoto]

Vince ... read one of your earlier posts and from that I gathered you work for a newspaper ... I also work for a newspaper and know several of the staff photogs ... I'll try to corner one of them and get an explanation of model releases ... I have done only one shot using a model (a buddy of mine to illustrate a lawn-mowing story) and I got him to sign a release, just in case. And he didn't get paid for it. Most of my shots that get published are landscapes, wildlife and pix to illustrate travel articles.
cheers,
jim

[vfilby]

Not really a newspaper more freelancing for a research magazine. I will ask the editor in chief next time I see him but I was hoping for other opinions too.

[Anonymous]

Vince,
Talked briefly with one of the photogs this a.m. who promised to email me some more info ... what it boils down to though is that he usually doesn't need model releases if the shots are for editorial (that is, non-commercial) use. Says if he asks for someone's name and they give it, that's release enough for him. If they refuse, he erases the image. It's different for set-up shots using models ... but we usually get them through an agency which gets a credit. For our Sunshine Girls and Boys, we do have a model release.
Hope this helps somewhat. More info as I get it.
cheers,
jim

[jimtfoto]

Sorry Vince, I forgot to log in ... the previous post was from me ...

cheers,
jim

[vfilby]

jimtfoto, do you work for the the Toronto Sun? Or Canoe in maybe? I only ask because of your reference to the sunshine girls and boys.

[My 400th post ;-)]

[jimtfoto]

Vince,
I'm art director at the Sun and 24 hours ...
jim

[vfilby]

Thanks for the info Jim. I am currently freelancing for the University of Guelph while I finish my masters in computer science, probably no more than 40 minutes away from you.

[Conk]

Jim, you know, those sunshine girls would certainly light up this site. Vancouver lacks such pages in their Province newspaper also. Oh how I miss page 3 of the Sun. :cry:

[vfilby]

I don't think that the sunshine girl is page three anymore, I think she is near the back. I also think she is no longer a full page. I haven't purchased a paper copy in awhile.

[Digital Prophet]

I also understand that a model release form is only valid in the US if compensation is given to the signee.

Now I don't know about Canadian invasion of privacy laws, but it is actually not true that a model must be paid for a model release. In fact it is my understanding that payment stated and exchanged in a model release transforms the "agreement" into a service contract.

The reason that payment, either monetary or barter, is that a contract is much more difficult fight in court. Where as an agreement can in fact be a matter of contention years later.

- Digital Prophet -

[Digital Prophet]

Upon further reflection you may want to check this site (http://laws.justice.gc.ca/en/C-42/index.html) for some first hand information.

- Digital Prophet -

[vfilby]

Thanks for the information DP.

Cheers,

[alsmith]

I have found that a good rule of thumb to follow is to get a release when ever you can. If you are shooting an individual in a set up shot this is very easy and I would say necessary. If you are shooting editorial general people on the street type of think it is not as necessary. But I have noticed that some company's that purchase these pictures (of even street photography) would like to have a model release for the subjects if possible.

I have some small cards (about postcard size) in my case so I can whip one out and get it signed (which can be done if two seconds if needed)

[alsmith]

Oh and I forgot to mention that it is a great oportunity to give out your business card at the same time as this can secure some unexpected work.

[4walls]

Here is a form that I found from a Canadian source. I also checked some
wording against the government's website on copyrights. Should be pretty
good. Use at your own risk.

Model Release

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby grant to (the "Photographer"), his/her heirs, legal representatives, and assigns, those for whom the Photographer is acting, and those acting with his/her authority and permission, including, specifically, _________________, the irrevocable and unrestricted right and permission to copyright, in his/her own name or otherwise, and use, re-use, publish, and re-publish photographic portraits or pictures of me or in which I may be included, in whole or in part, as part of a composite or distorted in character or form, without restriction as to changes or alterations, in conjunction with my own or a fictitious name, or reproductions thereof in color or otherwise, made through any medium at his/her studios or elsewhere, and in any and all media now or hereafter known for illustration, promotion, art, editorial, advertising, trade, publishing, or any other purpose whatsoever. I also consent to the use of any printed matter in connection therewith.

I hereby waive any right that I may have to inspect or approve the finished product or products and the advertising copy or other matter that may be used in connection therewith or the use to which it may be applied.

I hereby release, discharge, and agree to save harmless the Photographer, his/her heirs, legal representatives and assigns, and all persons acting under his/her permission or authority or those for whom he/she is acting, including, specifically, ________________, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of such photographic portraits or pictures or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.

I hereby warrant that I am of full legal age and have the right to contract in my own name. I have read the above authorization, release, and agreement, prior to its execution, and I am fully familiar with the contents thereof. This release shall be binding upon me and my heirs, legal representatives, and assigns.


Name (print)___________________________________________ _

Signature ______________________________________________

Address _______________________________________________

City ___________________________ State ____ Zip __________


Parent or Guardian (if minor)

Name (print)___________________________________________ _

Signature ______________________________________________


Witness

Name (print)___________________________________________ _

Signature ______________________________________________

[PhotosGuy]

Now I don't know about Canadian invasion of privacy laws, but it is actually not true that a model must be paid for a model release.

What if, for some reason, the agent or whoever don't pay her? $1 is legal payment in the US. Cough it up & don't worry later.