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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography
Thread started 01 Dec 2011 (Thursday) 08:04
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realease of liability for model release verbage

 
Buchinger
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Dec 01, 2011 08:04 |  #1

I'm not sure what the proper terminology is, but I've been asked to shoot a semi public event where a not for profit business guild puts on an outdoor winter festival festival. The area is roped off, but there is no admission fee. They have santa clause, street vendors, and the local businesses have sales and promotions. They want to use the photos to promote the event.
I'm lookibg for the verbage to state its THEIR responsibility to squire any model releases should they decide to use the photos. Since I'm not sure of the terminology, I'm not sure how to search it. The event organizer stated they were going to put up signs around the venue stating that entrance to the event constitutes a model release. Not sure if that covers them, but I don't want it to come back on me.

Any help with the verbage is appreciated.




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PhotosGuy
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Dec 01, 2011 08:40 |  #2

squire any model releases

UK, or US?

Model contract online - Model and Entertainment Release
http://www.lawdepot.co​m ...?loc=US&ad=from_dro​p_downexternal link

Release for the UK.
Longwatcher's Standard Model Releaseexternal link

More here:
Model release confusion?

Excellent examples: Dan Heller's Photography Business Series: Model Releasesexternal link


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Buchinger
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Dec 01, 2011 09:04 |  #3

Sorry, I'm typing on my phone. Was supposed to read "acquire"... Darn auto correct!

Also, I don't want a model release, I'm not using the photos, I want to be released from liability if they use photos without a proper release. I'm taking photos and turning them over.




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PhotosGuy
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Dec 01, 2011 21:59 |  #4

It might be time to see a lawyer.
http://en.wikipedia.or​g/wiki/Model_releaseexternal link
"The legal issues surrounding model releases are complex and vary by jurisdiction."

https://www.google.com ...&lr=&ft=i&cr=&safe=​imagesexternal link


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Find the light... A few Car Lighting Tips, and MOVE YOUR FEET!
Have you thought about making your own book? // Need an exposure crutch?
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Dan ­ Marchant
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Dec 02, 2011 06:22 as a reply to PhotosGuy's post |  #5

OP,
If you just wanted a model release then downloading one would be fine - provided that you knew it was relevant to your local laws.

However that isn't what you want. You want a specific clause for a specific situation. This is clearly a case where you need to talk to a lawyer. As you can see the people posting so far aren't even understanding what you want (you want a contract drafted which indemnifies you if your client uses the images without having a valid model release). Trying to draft your own contract based on advise from a forum isn't going to be a good idea. Even if someone does post some wording for such a clause you aren't a lawyer and won't actually know if it is legally sound. Given that the person reading the contract (you) isn't a lawyer and thus won't know it is legally OK you really need to make sure that the person draughting it is a lawyer.


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sspellman
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Dec 02, 2011 08:37 |  #6

Buchinger-

Only the publisher of the images has real liability, but a contract clause will not prevent a plaintiff from suing you.

-Scott


ScottSpellmanMedia.com [photography]

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PhotosGuy
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Dec 02, 2011 09:38 |  #7

sspellman wrote in post #13484092external link
Buchinger-

Only the publisher of the images has real liability, but a contract clause will not prevent a plaintiff from suing you.

-Scott

True. Anyone can sue for anything. Doesn't mean that they can win, but it's a PITA. Have you set up your business to limit your liability in other ways? Just another reason to ask a lawyer.


FrankC - 20D, RAW, Manual everything...
Classic Carz, Racing, Air Show, Flowers.
Find the light... A few Car Lighting Tips, and MOVE YOUR FEET!
Have you thought about making your own book? // Need an exposure crutch?
New Image Size Limits: Image must not exceed 1280 pixels on any side.

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P51Mstg
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Dec 02, 2011 10:33 as a reply to PhotosGuy's post |  #8

If they want to use photos for the whole event, they simply need post a sign at the entrance, that coming in allows them to use their images....

Still, you don't need a release to take a photo, or sell a photo, they need the release to use the photo, so they should help in some way....

Mark H


Too Much Camera Stuff......

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Dan ­ Marchant
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Dec 04, 2011 19:33 |  #9

sspellman wrote in post #13484092external link
Buchinger-

Only the publisher of the images has real liability, but a contract clause will not prevent a plaintiff from suing you.

-Scott

1. Simply publishing the image isn't grounds for anyone getting in trouble - problems only arise if the image usage is for "commercial purposes".
2. Your correct that idiots and fools can sue people even when they have no hope of winning. However that is no reason not to get a protective clause in the contract; in fact just the opposite. Even without such a clause the OP would win because the law is clear - the party making use of the image needs the relevant permission. If the client has signed a contract which specifically acknowledges that they are responsible any court case would be over in minutes.


Dan Marchant
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realease of liability for model release verbage
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