Quick Model release question

[Karl Johnston]

Who has signing authority of the model release ? Is it universally the person being photographed if they are over the age of 18 or does it vary by jurisdiction?

Originally I believed it to be 16....but I've found I was looking at the wrong clause :o for that and now I can't find anything pertaining to model releases for photographers or advertisers/publishers for my region.

Is it the age of majority that qualifies a person to sign their own model release?

I have a couple of 16 year old girls...one I have a release for the other I don't. They want to be on advertisements I'm circulating via magazine and in print...do I need a release from their parents or can the one sign it herself?

Thought I'd be clean cut about it and make sure all the bases are covered.

That would be commercial use/advertising...correct?
Now does portfolio on a website that promotes a business...could that be considered commercial, too? So no release is required in that case?

[AmandaMarie]

Must be 18 in Canada to sign any legal contract for yourself. Otherwise a parent/legal guardian must sign as well.

I worked in a law firm. I'm 100% on that.

Edit: only exception, if the child is emancipated.

[Karl Johnston]

Thank you, thats the kind of quick and reliable info I was looking for! <3!

[AmandaMarie]

NO PROBLEMO MI AMIGO!

[T2000]

A lot of people "worked in a law firm." I'd check with a lawyer in your area.

According to this site, the age of majority is 19 in the Northwest Territories and it varies from either 18 or 18 elsewhere in Canada.


http://www.dfait-maeci.gc.ca/canada-europa/france/canadaaz/agemajorite-en.asp

[Karl Johnston]

I sent an e-mail off to another pro up here who's a friend of mine; he'll surely know.

Though, that's what tripped me up too was the 19 thing we have up here opposed to 18 in a lot of other places.

Though, I guess I'll find out later when I hear from my friend, though, I wish there was one big universal rule

[AmandaMarie]

A lot of people "worked in a law firm." I'd check with a lawyer in your area.

According to this site, the age of majority is 19 in the Northwest Territories and it varies from either 18 or 18 elsewhere in Canada.


http://www.dfait-maeci.gc.ca/canada-europa/france/canadaaz/agemajorite-en.asp

That age of majority refers to drinking, buying cigarettes, or gambling. The age at which all Canadians became a legal adult, at which point they can vote, sign their own contracts, etc is 18.

I worked closely with child-related cases, all of which required parental consent and approval. Feel free to contact a lawyer at your own cost.

FYI: I am a former legal assistant. Just so we're all up to speed on my credibility. Thanks.

[Karl Johnston]

Thanks for the info :) I figured it was correct, though like all things legal it's all so ambiguous..suppose I would've been better just to contact someone up here in the first place, given there's no other north polians on POTN:(

[asysin2leads]

Having dealt quite a bit with the military and teenagers, I can offer this information. In Ohio, the legal age at which they can enter into a legal contract is 18. The only exceptions are a legally emancipated minor or a minor who has is a parent. Other than that, the legal guardian has to sign the contract.

[T2000]

I strongly suspect you are incorrect because as a legal concept in the US (and I believe the rest of the common law world), age of majority means the age at which you are a legal adult. Not the age at which you can generally exercise the privileges you described (e.g., entering a casino, buying cigs.) which may be higher or lower then the age of majority.

Legal adults can generally enter into contacts which bind them.

[RDKirk]

I strongly suspect you are incorrect because as a legal concept in the US (and I believe the rest of the common law world), age of majority means the age at which you are a legal adult. Not the age at which you can generally exercise the privileges you described (e.g., entering a casino, buying cigs.) which may be higher or lower then the age of majority.

Legal adults can generally enter into contacts which bind them.

This is quite true. In the US states the age of majority is 18, although the "age of license" (the term for the age at which one has those privileges) is 21.

There is also the concept called "emancipation" by which majority status is conferred under most state laws to people younger than 18 under certain circumstances, such as by court order or by being married.

That means in the US, an 18-year-old anywhere can sign a model release, and a legally married person can sign a model release in most states and DC.

[Karl Johnston]

Ahhh okay...so age of license differs between age of majority then...

Up here you need to be
+16 to drive
+16 to have sex
+18 to do adult entertainment or buy it
+16 to buy energy drinks
+19 to buy alcohol or go to a bar
+18 to buy cigarettes or smoke
+19 to get into a casino

So many different ages for so many different things! You can see why I'm a little confused

[asysin2leads]

Ahhh okay...so age of license differs between age of majority then...

Up here you need to be
+16 to drive
+16 to have sex
+18 to do adult entertainment or buy it
+16 to buy energy drinks
+19 to buy alcohol or go to a bar
+18 to buy cigarettes or smoke
+19 to get into a casino

So many different ages for so many different things! You can see why I'm a little confused

.....and if you keep them locked in the basement until they're 25, you don't have to worry about anything.:twisted:

[borealis]

Karl, it's 19 in NWT- contracts and age of majority statutes are territorial/provincial jurisdiction. I believe teh territory enacted an Age of Majority Act when it changed from 21.

The only big universal rule is that 18 is federal- if this is ever the issue, you'll have a big problem...

Your buddy may or may not know what he thinks he knows: check with a lawyer, the Law Line, the law society site, Justice, the Justice site, CanLII etc for more.

[TeeJay]

.....and if you keep them locked in the basement until they're 25, you don't have to worry about anything.:twisted:
:):D:lol::rolleyes:

[ScottKCooper]

.....and if you keep them locked in the basement until they're 25, you don't have to worry about anything.:twisted:

Except jail time. I have never worked in a lawyers office, but I'm pretty certain of that. ;)

[Karl Johnston]

I'm going to call a lawyer, we all believe up here it's 3 values of between 16-21. I've had 3 different pros up here tell me 3 different things :lol: wooo boy...this is so basic it's hilarious :lol: but crazy that we're all doing different things!!

Thanks borealis, it's nice to have another local offer input...kind of...give or take a couple thousand miles.

[ScottKCooper]

tushy.

[DDCSD]

You've got to be 16 to buy an energy drink in NWT?

[Karl Johnston]

You've got to be 16 to buy an energy drink in NWT?
Yup, up here in YK there was a kid that was in school and drank 6 in an hour...he had an issue with his heart, I can`t remember the details but ever since then they made it a territorial bylaw or something along the lines of
http://www.nnsl.com/frames/newspapers/2008-11/nov14_08caf.html
In the south like NFLD, PEI and Nova scotia I think they banned them completely in schools but no age cap is provincial wide.

I cant find an online reference but I know the stores won`t sell to kids under the age of 16