gmm213 wrote in post #17875876
After looking through the responses and the ASMP release I looked around and found this release form istockphoto which I like. Any input would be appreciated. Istockphoto model release
I like the idea of digital but I looked and wile they should be legal there's no example used in photography that I could find.
Also someone said to use blue ink on the original, the copies will be black. Which is pretty ingenious.
Unfortunately that so-called release clearly starts with the words, "For Consideration herein acknowledged as received," which is one of the characteristics that any first year law student knows as an element of a Contract. Yet it fails to have any declaration of the value of the so-called 'consideration' from the photographer (promise of goods?, promise of monetary compensation?) Courts will generally not recognize validity of an agreement with less than One Dollar exchanged (value of goods, or money), so how would a court judge validity of the Value Received is not recorded?!
The requisite elements that must be established to demonstrate the formation of a legally binding contract are
(4) mutuality of obligation;
(5) competency and capacity;
and, in certain circumstances, (6) a written instrument.
In a model release should be simply "I (name, address, date) sign that I give you permission to use this photo for any purpose (period)".
Unfortunately most commonly available 'Model Release' forms are written as if they were a Contract, and state virtually,
"I (name, address, date) grant you the right to use this photography for any purpose, and I waive all rights by doing so for seeking any compensation in the future for use of the photo, to myself or my heirs."
Ask yourself: Why would YOU agree to sign that form, if asked by a photographer on the street, when all your rights are userped, perhaps for a buck?!
I have long wondered what any first year law student would think of the wording of publicly available Model Releases that make it sound more like a Contract (payment of a buck, or merchandise) with no opportunity to negotiate a fair usage license (Contract) later.
Be sure to have a different form for the case of a Minor, represented legally by a competant adult.