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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 24 Nov 2011 (Thursday) 15:49
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Headshot Release to allow advertising?

 
JPepus
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Nov 24, 2011 15:49 |  #1

I'm exhausted from searching and was hoping I might be able to count on fellow photogs here to help me out. I have the opportunity to take headshots for Real Estate Agents and to be honest have not used print releases before. I drew up a personal print release for family members to be able to get prints at their local lab but am having trouble turning it into a print release for the agents.

Basically I want them to be able to use their digitals in magazines, ads, websites, etc. which would be considered "commercial use" right?

Can anybody help "fine tune" my release? I really don't want to have to find a lawyer to draw it up.

Here is what I have...

"
To Whom It May Concern:
“Name” (“Bearer”) has purchased high-resolution digital files from his/her photography session with JPepus Photography. Bearer is hereby granted permission by JPepus Photography to reproduce the images and make an unlimited number of prints, for personal use only. Friends and family may purchase prints or digital copies from JPepus Photography only. This permission applies worldwide.

Bearer agrees that he/she may not use any JPepus Photography images for commercial or
editorial purposes, or enter any JPepus Photography images into competition without the
express written permission of JPepus Photography. JPepus Photography retains
the copyright to all images.

Copyright and Licensing Notice

The images that are being provided to you are licensed to you for any reasonable personal purposes, including but not limited to: printing, copying, emailing, and web publishing. Your license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profit, or resale of any nature.
Your purchase of the original files releases JPepus Photography from any liability due to loss or damage of the images, and also releases JPepus Photography from any obligation
to maintain copies of any digital file, image, or photograph. You hereby grant to JPepus
Photography the right to use and publish images and photographs taken at your photography session to further promote its service, including portfolio, web site, display, advertisement, and editorial use.
JPepus Photography may revoke this license at any time and for any reason. JPepus Photography retains all copyrights to the images and derivative works thereof. By using any
of these images, you are agreeing to the above terms"

Ideas? I'm stuck on whether they need Editorial rights? Commercial?




  
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Dan ­ Marchant
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Nov 25, 2011 02:16 |  #2

JPepus wrote in post #13446590 (external link)
Basically I want them to be able to use their digitals in magazines, ads, websites, etc. which would be considered "commercial use" right?

Yes, but the document you posted is not what is needed in this case.

You need an acceptable usage agreement/grant of license and you also need a model release form.

As the photographer you own the copyright on the images (unless you are in Canada*) and you need to provide your client (the estate agents firm) with a license which lists what use they can make of your image, such as use on their website or in advertising for company X.

Second, you need a model release signed by each of the people you photograph. Actually you don't need it, the estate agents firm needs it. You are free to take a photo of a person and sell that image (to the estate agents firm). However the firm aren't allowed to use the image for "commercial purposes" without agreement from the person featured in the image - hence the need for the model release.

* In most countries the photographer owns copyright on an image unless it is take as part of their employment by a company or as "work for hire". Being a contract freelance/independent photographer does not quality as either. However, in Canada, if a client hires you and pays you, they own the copyright, unless you have a signed agreement to the contrary.


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RDKirk
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Nov 25, 2011 10:02 as a reply to  @ Dan Marchant's post |  #3

What Dan Merchant has said is true.

You can simplify your documents, though. For small business headshots (which I do a lot), my documentation is simple.

First, don't try to tell them all the things they can't do. Just tell them what they can do and identify only a couple of the most likely other things they can't do...don't try to be exhaustively detailed about it, you can be categorical. If this were a contract with a major corporation, I'd say, "let a lawyer write it," but there is no need to intimidate a small business that has only simple, straightforward requirements.

I give small business people perpetual rights to do everything they want with the images except packaging, billboards, and television. Those are optional licenses that also have set prices...the client can gain those ala carte. I also have a simple sentence that I retain copyright.

And I have it worded just that simply in my contract (which is on the invoice). In practice, there's not much more they can do with them. I give them "perpetual" rights, but the fact is, such pictures need to be renewed every year or two anyway, and my regular clients do come back to me. Usually I re-do their business portraits in January and February...otherwise a slow period of the year.

In the next short paragraph covering model release, I tell state simply that I may use the images for my own promotion, but will not use them to promote any 3rd party service or product. If they have a real problem with this, I'll strike the paragraph and initial it.


TANSTAAFL--The Only Unbreakable Rule in Photography

  
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JPepus
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Nov 25, 2011 10:47 as a reply to  @ RDKirk's post |  #4

OH! Well that stopped me from looking pretty stupid. But that's why I asked. Thanks to the both of you for clearing that up! I'll Draw something up and keep it simple. The one thing I was having trouble with was figuring out what rights they need for basic marketing and what I should charge more for accordingly so I don't sell myself short.

Dan, I didn't even THINK of Model Releases in this case for the Firms use. Thanks!!

RDKirk, That's a great idea having it on the invoice. Would it be too much to ask to see what you have written up? I won't copy it, just would be nice to have an example to go off. This type of document isn't all over the net like model releases. You can PM me if u want instead of posting it. If Not, I won't be offended and will post what I come up with for thoughts either way.

Thanks again Guys! Forgive my new-ness on the business side of things.




  
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JPepus
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Nov 25, 2011 16:18 |  #5

How's this...

Usage and Copyright Notice:

Justin Pepus ( J Pepus Photography ) grants perpetual usage rights to the person(s) listed above to use the images provided for reasonable promotional, and marketing use. This includes use on printed material such as letter heads, business cards, newspaper or magazine ads and digital usage on web sites, email, etc.

These usage rights do not permit use for packaging, billboards, video, or television.
The photographer Justin Pepus ( J Pepus Photography ) retains copyright. Modification of these copyrighted images is strictly prohibited without written permission from copyright holder.

...at the bottom of my invoice?

I still plan on adding Model Release statement as well.




  
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JPepus
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Nov 25, 2011 16:39 |  #6

Model Release:

In consideration of my engagement as a model, upon the terms herewith stated, I hereby give to Justin Pepus, J Pepus Photography, Blah Blah Blah Realty, their heirs, legal representatives and assigns the unrestricted irrevocable right and permission to copyright and use, re-use, publish, and republish photographic portraits or pictures of me or in which I may be included intact or in part, composite or distorted in character or form, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose whatsoever. I also permit the use of any printed material in connection therewith and relinquish any right that I may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.

Am I getting close?




  
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Dan ­ Marchant
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Nov 26, 2011 03:15 |  #7

JPepus wrote in post #13450593 (external link)
I still plan on adding Model Release statement as well.

Just too be clear, the model release is a separate document and not an additional statement as part of the usage license.
The usage license is provided by you (and signed by you) to the client - it is you granting permission for them to use your copyright work (the photographs) in the manner listed in the license.

The model release form is from the model/person being photographed and grants their permission for their likeness as captured in your image to be used for "commercial purposes". Each person being photographed needs to sign one of these.

They serve two different purposes and as such it is better to keep them separate to avoid any confusion. It also means that you get one release for each person being photographed but you only need to provide one acceptable usage license for all the images.


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JPepus
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Nov 26, 2011 11:24 |  #8

Dan Marchant wrote in post #13452690 (external link)
Just too be clear, the model release is a separate document and not an additional statement as part of the usage license.
The usage license is provided by you (and signed by you) to the client - it is you granting permission for them to use your copyright work (the photographs) in the manner listed in the license.

The model release form is from the model/person being photographed and grants their permission for their likeness as captured in your image to be used for "commercial purposes". Each person being photographed needs to sign one of these.

They serve two different purposes and as such it is better to keep them separate to avoid any confusion. It also means that you get one release for each person being photographed but you only need to provide one acceptable usage license for all the images.

Good point. Maybe I will have the usage license on the invoice (maybe the back) and a seperate document entirely for the Model Release. I would rather have 2 documents total instead of 3. Too much paperwork might get a little intimidating for my clients.

As far as what I wrote out though...am I getting close? Any suggestions?




  
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Frugal
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Nov 27, 2011 21:57 as a reply to  @ JPepus's post |  #9

provided for reasonable promotional, and marketing use.

Reasonable is not a good word to use in an agreement or contract as it is subject to interpretation. What's reasonable to one person is often unreasonable to another.


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JPepus
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Nov 27, 2011 21:59 |  #10

Frugal wrote in post #13460698 (external link)
Reasonable is not a good word to use in an agreement or contract as it is subject to interpretation. What's reasonable to one person is often unreasonable to another.

Good Point. Removed.




  
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Headshot Release to allow advertising?
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