Commercial Shoot need Model release?

[ddphotography]

I have been hired to shoot a few photos for a company that will be using the photo in an article. It's a very large and well known company. This will include 3 employees and a piece of the company equipment.

Do I need a model release for this shoot? Or would it not be required because THEY hired ME for this particular purpose?

Thanks.
DD

[Stocky]

If it is really just for an article then you don't need a model release. If it is a paid advertisement for the company then THEY do need one. If you are worried about it you could just ask that they make sure its taken care of.

[sfaust]

Cover yourself and get a release. Its so much easier now, at the shoot, that it will be later trying to track them down and get one. The use may be for editorial use today, but I'm sure there will be uses in the future that will be commercial in nature. Then you will be tracking down the talent to get a release, or worse, the client uses it without a release, the talent finds out, and you're both trying to reverse the mess at your expense.

In my contracts, I have a clause that states no model release exists for any talent, property, trademarks, etc., and its the clients responsibility to obtain one unless otherwise stated on the face of the contract. This is a backup just in case they say they don't need a release, than later use it a usage that requires a release. But I try to get a release and provide it to the client anyway.

[amfoto1]

If the company the article about is hiring you and paying someone to write the article, then it is not editorial in nature. It is public relations and commercial in nature. It may end up running somewhere as a press release, or they may buy space to run it somewhere, in which case it is an ad.

Either way, I have to agree with Stephen, it's far easier to get releases now. That way, if they decide to follow up with an ad campaign and decide to use some of the same photos, you are prepared.

Also, so long as you retain the copyright to the images, if they are properly released you would be in a better position to use them in other ways, as stock, etc.

[PhotosGuy]

it's far easier to get releases now. And always get the release before the shoot starts. That way, you don't forget & if someone doesn't want to sign, you can shoot someone else.

[tcphoto1]

Always get a signed Model Release. Besides, you may have an opportunity to sell images in Stock.

[sfaust]

You have left yourself exposed legally, which could be an issue. Granted, you may never use the images commercially, but that doesn't mean the IBT won't. And if they do, you will be on the red carpet right beside them, and paying your own legal expenses.

You could have bought an 'insurance policy' for nothing, if you spent the 2 minutes needed to have the model sign a release. That is an awesome deal which shouldn't be passed up.

I would still track the model down and still get one signed. You never know what uses the client will find down the road, and being who they are, there are so many way they could use it commercially. Further, they are probably not well versed in the negative impacts any use may have on both of you.

No one needs a condom, well, until they do! Then they will kick themselves silly for a long time for not using one. :confused:

[breal101]

I have personal knowledge, though not involvement with a couple of cases of a company being sued by a disgruntled former employee used in a photo shoot because there was no model release. It was obviously about payback but a royal PITA to the company. Most companies and organizations know this and have CYA releases. Amazingly some still don't.

[amfoto1]

I really don't get it.

Why is it that folks are so scared to ask for a simple signature on a model release?

Well, actually I do get it... I've been there myself.

If you think about it, the worst that can happen is someone says "no", and then you can just choose not to photograph them. That might be the wise thing too, because it signals they may have some ulterior motives.

9 out of 10 times people just say "sure", sign, and that's the end of it. Even many of the ones who said "no" initially often come around a little later asking to sign and participate.

Asking for the release is the professional thing to do, and the client usually appreciates that their interests are being watched out for.

It usually works best to just ask in a casual way... "Oh, by the way, before we start shooting I just need to ask you to sign this. It gives me permission to photograph you and IBT permission to use the photos. Do you need a pen?"

[sfaust]

Exactly Alan. And the higher you get up the professional ladder, the more it is just expected that a release will need to be signed. I've forgotten a few times, and d@mn if one of the models didn't bring it up on their own.

I've never had anyone who agreed to be photographed refuse to sign a release when it was presented.