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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 09 Apr 2013 (Tuesday) 03:23
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Which model release would you recommend I use?

 
JeremyKPhoto
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Apr 09, 2013 03:23 |  #1

Debating between these releases to use for my business. I will be shooting mainly portraits and possibly some events.

I know the first two would cover more commercial uses, but I do not think I would ever be doing anything with any 3rd party. If anything, it may be possible that I would want to sell some of the images in something like a book with a collection of my photos. Out of the three I would imagine the first would be the most intimidating to a client. Would the third one cover me if I ever wanted to sell the images as art?

General model release (external link)

Simplified model release (external link)

Portfolio release (external link)


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skippix
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Apr 09, 2013 05:32 |  #2

Those are all solid, time-tested releases. I prefer Bert Krages's Simple Model Release (external link), though. He also has a simple modification for minors, but I'll leave you to hunt that one down :)


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RDKirk
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Apr 11, 2013 08:56 |  #3

skippix wrote in post #15806909 (external link)
Those are all solid, time-tested releases. I prefer Bert Krages's Simple Model Release (external link), though. He also has a simple modification for minors, but I'll leave you to hunt that one down :)

That article had some very good information, especially this:

Vague consideration clauses are another common deficiency in complex releases. The typical clause recites that the subject has received consideration but does not describe what was received. These clauses are unnecessary because the release does not have to be a contract in order to protect the photographer and publishers from tort claims. However, by introducing the issue of whether the release constitutes a contract, releases that contain consideration clauses can create doubt regarding whether the model’s permission is conditioned on being paid.

If the court interprets the release form to be a contract, the photographer runs the risk that the court could find the consent invalid if it finds the contract to be unenforceable. This can be particularly problematic when the photographer does not actually pay the subject even though the release has a consideration clause. Not only does the failure to pay create an issue regarding whether the release is valid, it may open the door to claims that the model is owed money.

Notice that the American Society of Media Photographers is aimed particularly at commercial photographers, so their common requirements are slightly different in regards to such things as paying models. A commercial model always gets paid in some way (even if it's in images). That's not the case with consumer portrait photography.

There is no state in the US that requires a model release to be a "contract." Every state merely says "permission." Some states, such as California, don't even require the permission to be written, but of course relying on oral permission would be madness...especially in Califormia.

The only differenceI would have is that as a portrait photographer, I limit the usage specified in the release to what I actually intend to use the image for. I do not say "all uses" or "any uses." I say "to solicit for and promote the photography business of the photographer and the studio" and explicitly state that it will not be sold or used to promote or solicit for any third-party business or service.

Because I don't intend to sell any of my clients' portrait images for soap company ad campaigns, I say so in the model release. If such an opportunity did arise, I'd go back to them with a commercial release--and payment for using their images commercially.


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Which model release would you recommend I use?
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