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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 16 Apr 2008 (Wednesday) 05:06
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Contract / model release for actor headshots

 
kastakephoto
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Apr 16, 2008 05:06 |  #1

Hello everybody,

I'm looking for a standard contract for actor headshots. One that will cover the model release so that I can use the photos elsewhere, and also sets out the terms under which they can use the photos - ie. for their publicity only.

Does anyone have such a thing they could let me see? Or is there a good source?

I'm based in the UK, but US contracts would also be interesting, just to get an idea of what they contain.

Thanks!
Kastakephoto




  
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Ledrak
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Apr 16, 2008 11:59 |  #2

If you do a search you'll find tons of release and contract agreements on the web. All you have to do is take one and modify it to your needs/liking.




  
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kastakephoto
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Apr 17, 2008 04:41 |  #3

Thanks Ledrak. I have found a whole bunch. The important thing I am missing is the wording that sets out the rights I am signing over to them for publicity.




  
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Ledrak
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Apr 17, 2008 09:43 as a reply to  @ kastakephoto's post |  #4

Well, that's what I meant by you having to modify the contract to say what you want. Just make an "assignment of rights" clause in the release agreement that stipulates how you want to divide the rights between you and the model.




  
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kastakephoto
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Apr 27, 2008 10:53 |  #5

Ah yes, thank you... But what wordage should that 'assignment of rights' contain? I don't know much about legal terminology. Cheers!




  
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Ledrak
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Apr 27, 2008 13:09 |  #6

kastakephoto wrote in post #5413258 (external link)
Ah yes, thank you... But what wordage should that 'assignment of rights' contain? I don't know much about legal terminology. Cheers!

You don’t have to use a bunch of legal terminology. Just say what you want to convey. You could write up something very simple. Here’s the link to a generic model release that has a “grant of rights” section. http://blog.fotolia.co​m …rapher/model_re​lease.html (external link)

You could use that wording exactly for the Models grant of rights to the Photographer, and then just add a second paragraph explaining the Photographers grant of rights to the Model. For example: you’d start out…

The Photographer hereby grants to the Model (simply put) the right to use the photographs for Model’s promotional use only. You can word it as technically as you want. Of course you’d have to specify exactly what constitutes promotional use. With (or without) limitation to… you might want to restrict reproduction and distribution rights, etc. [That’s your choice to decide what the model can and cannot do with the photos].

That’s really all there is to it. Just follow the paragraph in the link as your guide and you should be fine. Feel free to post up your final contract and we’ll be glad to look over it for you.




  
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PhotosGuy
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Apr 27, 2008 22:15 |  #7

You might want to call it a "Agreement". ;)

Model Releases: Sample Forms That Protect Photographers (external link)
On page 2:
Getty Images adult model release
Getty Images minor model release
Corbis Images model release

Getty Images USA Adult Release
http://contributors.ge​ttyimages.com …model_release_0​406_US.pdf (external link)


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kastakephoto
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Apr 28, 2008 07:24 |  #8

Thank you Ledrak and Photosguy - much appreciated. I'll post what I come up with to see what you think, and maybe it will help someone else out.
K




  
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DocFrankenstein
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Apr 29, 2008 00:03 |  #9

kastakephoto wrote in post #5346625 (external link)
Thanks Ledrak. I have found a whole bunch. The important thing I am missing is the wording that sets out the rights I am signing over to them for publicity.

Just omit it entirely and make them sign a "standard release"

Why go the extra length to include something in the contract that works against you?

Just tell them in person that you don't want them to sell picture or the pictures appear in print in magazines... if that happens, they don't have a leg to stand on.

That's what I do, at least. If they really care about their right, they bring their own contract... never happened yet, btw.


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Ledrak
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Apr 29, 2008 09:26 |  #10

DocFrankenstein wrote in post #5424599 (external link)
Just omit it entirely and make them sign a "standard release"

Why go the extra length to include something in the contract that works against you?

Just tell them in person that you don't want them to sell picture or the pictures appear in print in magazines... if that happens, they don't have a leg to stand on.

That's what I do, at least. If they really care about their right, they bring their own contract... never happened yet, btw.

Yeah... unless you have models that are specifying how they want you (and/or them) to be able to use the images (it's happened to me before) then I wouldn't write out anything extra. Just do what DocF said and have them sign a standard release.




  
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kastakephoto
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Apr 30, 2008 09:34 |  #11

wow, that sounds like a great idea. Thanks guys.




  
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Longwatcher
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Apr 30, 2008 11:19 as a reply to  @ kastakephoto's post |  #12

Note: I have a standard model release and then I have a fair-use agreement.

The release is for me and the fair-use agreement is for the model. The fair-use agreement changes into a usage agreement if it is a client. It states what they can do with the images I provide them.

It makes it a lot easier if the two are separate.

However as always for more accurate advice seek a contract lawyer in your area.


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