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Thread started 02 Mar 2008 (Sunday) 16:01
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Model/Property Releases: How do these look?

 
HuskyKMA
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Mar 02, 2008 16:01 |  #1

I'm working on writing up Model and Poperty Releases and wanted to know how these looked.

Model Release:
http://students.washin​gton.edu …ocuments/ModelR​elease.doc (external link)

Property Release:
http://students.washin​gton.edu …ments/PropertyR​elease.doc (external link)

Is there anything I should add to or omit from either of these? Or do they seem like they'd cover me effectively?

Another question I had is whether you make your releases available for download on your website (whether in .doc or .pdf format) so that the client would be able to view and fill it out beforehand?

Thanks everyone!


Canon 40D w/ BG-E2N Grip| 400mm f/5.6L | 70-200mm f/2.8L IS II | 28-135mm f/3.5-5.6 IS | 10-22mm f/3.5-4.5 | Gitzo GT3541LS w/ RRS BH-55

  
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FredS69
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Location: Toronto, Canada
     
Mar 02, 2008 19:37 |  #2

Hello Kevin,

I noticed two things in your model/property release: you don't specify which country is the reference in case of conflict, which law will be applicable and then, I will be better to specify any amount of money in exchange of the right ($1 a least...) to avoid any trouble.

Also, you didn't put any contact information...


Frederic Sune
Freelance Photographer / Photojournalist
http://www.torontostoc​kphoto.com (external link)
http://www.fredericsun​e.com (external link)

  
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P51Mstg
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Mar 02, 2008 22:03 as a reply to  @ FredS69's post |  #3

They've got enough blurry language in it that you are going to have a heck of a time convincing someone to sign them (the altered images part, etc). Sorry but you get a copyright when you click the shutter, NOBODY HAS TO GIVE YOU OR ASSIGN YOU THAT RIGHT. Give them a try and see what happens.

I hope everyone here understands that ANY release is simply a starting place for the opposing attorney in the lawsuit.

Mark H


Too Much Camera Stuff......

  
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T2000
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Mar 02, 2008 22:51 as a reply to  @ P51Mstg's post |  #4
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P51, while I also dislike the form (IMO it's wordy, confusing to a layperson, poorly drafted and overreaching in many respects (e.g., "save harmless....") and has other defects including typos, I think the reason you may include explicit discussion of who gets to register the copyright is to preclude any argument by model of joint authorship. I assume it's driving at that otherwise I don't know what the heck it is doing in there either.

From the statute: A “joint work” is a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole.

Though I don't understand the language in the that particular agreement. You don't really want or need permission to register the copyright you want a statement defeating any argument of joint authorship.

It's not an issue if doing, for example, a portrait. But I could see a situation where you hire a model to explore different ideas and the model contributes ideas and creative input to the creation of the image. There is no blanket prohibition against a photographic model asserting a claim for joint authorship.


PS, thank you for your note. I'm digesting it. :-)




  
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D_A
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Location: Adelaide South Australia
     
Mar 02, 2008 23:58 |  #5

Hi Kev
Firstly while the above posts are excellent and have given great advice, relying on a net forum for legal advice… …..well your a braver man than I. When your happy with the re-write get it checked with a lawyer.

I just want to emphasise that in the model contract there is no mention of consideration, either $$$$$ or TFP. That has to be way up the top in big black letters

Eg: I ( name ) for the consideration of $............... hereby grant Kevin Aldrich Photography, its employees, legal representatives…………..

Have you done a net search? There are a few good model releases on Deviantart and some good links from the Modelmayhem fourms.




  
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Model/Property Releases: How do these look?
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