Model releases in Canada

I am really only concerned with news/editorial work and I understand that in the US these uses do not require a model release. I also understand that a model release form is only valid in the US if compensation is given to the signee.

Can anyone comment on how a model release form would differ in Canada?

Thanks,

Vince ... read one of your earlier posts and from that I gathered you work for a newspaper ... I also work for a newspaper and know several of the staff photogs ... I'll try to corner one of them and get an explanation of model releases ... I have done only one shot using a model (a buddy of mine to illustrate a lawn-mowing story) and I got him to sign a release, just in case. And he didn't get paid for it. Most of my shots that get published are landscapes, wildlife and pix to illustrate travel articles.
cheers,
jim

Not really a newspaper more freelancing for a research magazine. I will ask the editor in chief next time I see him but I was hoping for other opinions too.

Vince,
Talked briefly with one of the photogs this a.m. who promised to email me some more info ... what it boils down to though is that he usually doesn't need model releases if the shots are for editorial (that is, non-commercial) use. Says if he asks for someone's name and they give it, that's release enough for him. If they refuse, he erases the image. It's different for set-up shots using models ... but we usually get them through an agency which gets a credit. For our Sunshine Girls and Boys, we do have a model release.
Hope this helps somewhat. More info as I get it.
cheers,
jim

Sorry Vince, I forgot to log in ... the previous post was from me ...

cheers,
jim

jimtfoto, do you work for the the Toronto Sun? Or Canoe in maybe? I only ask because of your reference to the sunshine girls and boys.

[My 400th post ]

Vince,
I'm art director at the Sun and 24 hours ...
jim

Thanks for the info Jim. I am currently freelancing for the University of Guelph while I finish my masters in computer science, probably no more than 40 minutes away from you.

Jim, you know, those sunshine girls would certainly light up this site. Vancouver lacks such pages in their Province newspaper also. Oh how I miss page 3 of the Sun.

I don't think that the sunshine girl is page three anymore, I think she is near the back. I also think she is no longer a full page. I haven't purchased a paper copy in awhile.

Now I don't know about Canadian invasion of privacy laws, but it is actually not true that a model must be paid for a model release. In fact it is my understanding that payment stated and exchanged in a model release transforms the "agreement" into a service contract.

The reason that payment, either monetary or barter, is that a contract is much more difficult fight in court. Where as an agreement can in fact be a matter of contention years later.

- Digital Prophet -

Upon further reflection you may want to check this site for some first hand information.

- Digital Prophet -

Thanks for the information DP.

Cheers,

Model Release

I have found that a good rule of thumb to follow is to get a release when ever you can. If you are shooting an individual in a set up shot this is very easy and I would say necessary. If you are shooting editorial general people on the street type of think it is not as necessary. But I have noticed that some company's that purchase these pictures (of even street photography) would like to have a model release for the subjects if possible.

I have some small cards (about postcard size) in my case so I can whip one out and get it signed (which can be done if two seconds if needed)

Addition to above

Oh and I forgot to mention that it is a great oportunity to give out your business card at the same time as this can secure some unexpected work.