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Thread started 22 Nov 2013 (Friday) 14:09
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TFP and model releases

 
tonytony
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Nov 22, 2013 14:09 |  #1

I setup a TFP shoot with a model and she is fine with commercial usage of the images (e.g., for stock or advertisement purposes). Normally I'd just use Getty's model release, however that release form doesn't cover the TFP agreement part. The model could come back to me and say, "hey you said you'd pay me for modeling". The standard TFP agreements I found online do not include a commercial clause but limit the exchange to portfolio promotion.

Does anyone here have such a form that include both the TFP agreement and the possibility to use the images for commercial purposes?




  
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archer1960
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Nov 24, 2013 13:34 |  #2

I'm guessing you might have to do that part yourself (or with the help of an attorney), because that seems like it wouldn't be a very common situation.


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sspellman
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Nov 24, 2013 16:13 |  #3

Its a big mistake to assume that generic legal documents from the web are the best choice for your own country and situation. Make sure you use Getty model release forms for Ireland. US lawyers recommend using a separate model release and photo shoot agreement, but Irish laws may be completely different. Any "standard" legal agreement modified by a non-lawyer is simply not standard anymore. The only way you can be sure that you are properly legally protected is to hire a local specialist lawyer-any other process is a very risky guess.


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DocFrankenstein
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Nov 24, 2013 18:03 |  #4

sspellman wrote in post #16477030 (external link)
Its a big mistake to assume that generic legal documents from the web are the best choice for your own country and situation. Make sure you use Getty model release forms for Ireland. US lawyers recommend using a separate model release and photo shoot agreement, but Irish laws may be completely different. Any "standard" legal agreement modified by a non-lawyer is simply not standard anymore. The only way you can be sure that you are properly legally protected is to hire a local specialist lawyer-any other process is a very risky guess.

Is this really necessary when shooting TFP?

Plain language contracts are still legally binding.

Do get a model release from your country. You can get examples of model releases from movie industries which are positively bombproof, but to suggest someone with a camera who's looking for test subjects to hire a lawyer to draw up a contract is overkill imo. Just not worth it, unless you expect your model to strike fame after you shoot a nude session.


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sspellman
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Nov 25, 2013 15:01 |  #5

The OP is specifically asking about stock and advertising use, and no stock website will accept photos for licensing without a release. This is not a simple TFP situation. No smart client will use an unreleased image for advertising either. A handwritten agreement might offer you better protection than none at all, but making business decisions on legal protection without a lawyer is clearly risky.


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gonzogolf
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Nov 25, 2013 15:10 |  #6

Most of the sample contracts will say something similar to "in exchange for consideration" which basically can mean that you as the photographer have offered something of value in exchange for what you are getting. In the case of your shoot its access to the final image in whatever form you provide it. But the contract does not have to specifically identify what the consideration is, the fact that the model signs it means they are accepting the terms.




  
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TFP and model releases
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