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Thread: FREE to use Model releases etc

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    Member Sammi's Avatar
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    FREE to use Model releases etc

    Thought this may be benifical to all those questions out there on model releases, quotes, etc, and how to do them.

    http://www.reedservices.com/standard.htm
    Last edited by Sammi; 07-05-2009 at 1:18pm. Reason: Added to title
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    Handy!
    Be careful - these are US forms and may need changes for Australian Law.

    Also site rule 15:
    [15]Requesting/Providing Financial, Medical or Legal Advice on Ausphotography:

    Australian Photography is a website with broad topic coverage. However, when it comes to medical, financial and legal advice, it's always recommended to seek advice from a qualified professional, rather than asking about it on Australian Photography. As such, Australian Photography takes no legal responsibility for posts seeking or providing Medical, Financial or Legal advice. Members use any advice provided via Ausphotography at their own risk. The site owner, moderators or members cannot be held liable for any Medical, Financial or Legal advice posted on the site.
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    Moderately Underexposed I @ M's Avatar
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    Good find Sammi, thanks for sharing.
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    thanks sammi, have been searching for these for ages

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    thank you sammi, never know when they might come in handy
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    This may be more relevant for australian law

    http://www.bookdesign.com.au/pdfs/le...ase%20Form.pdf
    Website - www.dylanbenton.com.au

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    Thanks for the find simplifies a lot


    cheers



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    Member Inspired's Avatar
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    This may be a sillt question..but i was just wondering, is a "Model Release" the only paperwork/contract you need to get your clients to sign? Or is there something else i haven't thought of?

    Thank you
    Nicole
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    Thanks!

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    Yes, be aware of the fact that some of these model releases are written by and for Americans.

    There's not a lot to a model release, basically, and you can write your own.

    What's most important is that you're aware of the fact that you need a signed model release if you wish to depict the subject in advertising or any sort of product/service endorsement.

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    Quote Originally Posted by Inspired View Post
    This may be a sillt question..but i was just wondering, is a "Model Release" the only paperwork/contract you need to get your clients to sign? Or is there something else i haven't thought of?

    Thank you
    Nicole
    I think this is a different matter. A "model release" is the contract with a person that agrees to pose for you - and usually gets paid to do so ("the consideration"). The release makes sure you have the right to publish the photo's taken for commercial purposes.

    If you have "clients" posing for you it is usually the client paying you for the privilege. Implied in the contractual relation with the client is their right to have prints of the photo's you take - that is what they are paying for. Also implied is the right that you can hang onto the originals (usually the RAW files) and do not need to hand them over to the client. Another matter is whether you can use the shots for promotional or other purposes. If you want to use them that way you'll have to ask the client for his/hers consent and preferably have him sign something similar as the model release - albeit without the "consideration" clause.

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    Member thinkimages's Avatar
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    thanks for the link,have already printed a few out!

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    Quote Originally Posted by vk2gwk View Post
    I think this is a different matter. A "model release" is the contract with a person that agrees to pose for you - and usually gets paid to do so ("the consideration"). The release makes sure you have the right to publish the photo's taken for commercial purposes.

    If you have "clients" posing for you it is usually the client paying you for the privilege. Implied in the contractual relation with the client is their right to have prints of the photo's you take - that is what they are paying for. Also implied is the right that you can hang onto the originals (usually the RAW files) and do not need to hand them over to the client. Another matter is whether you can use the shots for promotional or other purposes. If you want to use them that way you'll have to ask the client for his/hers consent and preferably have him sign something similar as the model release - albeit without the "consideration" clause.
    I think vk has put it perfectly - the release form should be for those people who you have shot that you are planning on selling or using commercially (ie portfolio) whereas people who have paid you to shoot them probably need another document if you wish to use the images for your website or portfolio.

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    It may also be worth noting that there is no law against taking a photo of someone in a public place (providing your actions don't amount to harassment). However when you use that image commercially you are making money off of that person's image and they will have have recourse in law to seek compensation. So you should seek signed release forms off any people in images you wish to use commercially, even if they are a passerby not being contracted as a model as such. This is to protect you incase of any future claim against you for the use of the image. I believe this only applies when the person is recognisable, if they are not they generally won't get any joy in court trying to get money out of you.

    News photography is generally considered exempt from this provision. So for example, if you photograph people at a news worthy event, and later use that image in the reporting of the event, individuals who appear in those photos will generally have no recourse against the photographer for compensation, nor will they have the right to refuse you the use of the image.

    I'm no lawyer, it's probably worth while researching this for yourself as well (I'd say that goes for any advice inthis thread).
    Last edited by pitdroidtech; 22-01-2011 at 12:07am.

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    Administrator ricktas's Avatar
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    Quote Originally Posted by pitdroidtech View Post
    It may also be worth noting that there is no law against taking a photo of someone in a public place (providing your actions don't amount to harassment). However when you use that image commercially you are making money off of that person's image and they will have have recourse in law to seek compensation. So you should seek signed release forms off any people in images you wish to use commercially, even if they are a passerby not being contracted as a model as such. This is to protect you incase of any future claim against you for the use of the image. I believe this only applies when the person is recognisable, if they are not they generally won't get any joy in court trying to get money out of you.

    News photography is generally considered exempt from this provision. So for example, if you photograph people at a news worthy event, and later use that image in the reporting of the event, individuals who appear in those photos will generally have no recourse against the photographer for compensation, nor will they have the right to refuse you the use of the image.

    I'm no lawyer, it's probably worth while researching this for yourself as well (I'd say that goes for any advice inthis thread).
    Except if the person you photograph in a public place is paying you. In Australia 'domestic portraiture' under the copyright act states that the copyright belongs to the person who commissions the shoot, not the photographer. So even if you do shoot them in a public place, you will need some sort of contract in place if you intend to post in on your own website/forum/facebook etc as it could land you in trouble if the person who commissioned the shoot wanted to pursue it, as they own sole copyright over the photo(s).

    Re doing research themselves. Site rules state:

    [24] Requesting/Providing Financial, Medical or Legal Advice on Ausphotography:

    Australian Photography is a website with broad topic coverage. However, when it comes to medical, financial and legal advice, it's always recommended to seek advice from a qualified professional, rather than asking about it on Australian Photography. As such, Australian Photography takes no legal responsibility for posts seeking or providing Medical, Financial or Legal advice. Members use any advice provided via Ausphotography at their own risk. The site owner, moderators or members cannot be held liable for any Medical, Financial or Legal advice posted on the site.
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    I know this has been pointed out before. And I dont want to sound like the proverbial grumpy old man - but serious caution is needed here.

    I feel its imperative to STRESS and repeat that all of these forms are designed for the United States.

    The worse thing about the internet in my very personal view, is how many people ignore countries individual laws and regulations, and still think that this is a "good find".

    Sorry it isnt - its about as daft as can be to ignore the Major differences in laws, rules, and regulations.

    And a great deal of the following advice is also incorrect, and again mainly relevant to the United States.

    I find it confusing that there has been plenty of good advice on where to source the correct information, and yet thats buried away in the discussion sections, and yet this topic is considered to be a resource on AP.

    Please people, do your research with it limited to reading about Australian laws - this country at the moment is still not part of the United States, and its seriously dangerous to your business to assume that by following these forms, that you're doing the right thing.

    It really isnt hard to seek and gain advice that is not only relevant to Australia, but also particular for the State you're in. State governments generall have small business centres that make this type of advice very easy to gain access to. There are also a wealth of creative industries and associations that will offer to both members and sometimes non members a similar and again relevant to Australian Law level of advice - and dare I say it much better than whats offered in this link.

    The issue of model releases, is like so many areas a particular grey and sometimes complex area - heavily discussed in many AP discussions. Most of the time, I've posted links to AUSTRALIAN organisations who can give you the definitive and relevant information.

    If you live in the United States - yeah go for it. But if you live in Australia - forget it. I just wish people would remember that www stands for world wide web, and not United States Web.
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    Member pitdroidtech's Avatar
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    @ricktas, thanks for the important clarification. By taking photos in public I did mean photos of the general public and not someone who you have an arrangement with. You are quite right about domestic portraiture, if someone is paying for something they own the end result.

    btw, how does this apply to wedding photography? I've come across people who have had wedding photographers tell them that they can't have access to the original files and that any future reprints have to be through the photographer since he owns the pictures? I always wondered if this is in fact the case, or is it a case of the specific contract that photographer has the wedding couple sign?

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    Administrator ricktas's Avatar
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    Weddings, under the Copyright Act the photos belong to the couple. Most wedding photographers have a clause in the contract that assign copyright back to them either exclusively or a combined copyright with the couple. Certainly though I reckon there are a lot of people out there who take weddings but do not have a copyright clause in their contracts. legal minefield!

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    What about Street Photography and then entering these images in competitions etc.
    How do we fare with these?
    Sometimes I feel like a thief - capturing and holding life for that instant.

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    Administrator ricktas's Avatar
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    Quote Originally Posted by Perfectoarts View Post
    What about Street Photography and then entering these images in competitions etc.
    How do we fare with these?
    Depends on the Competition, read the T@C. Take the Moran Portrait Competition, they state in the rules that you must have a signed model release. But unless you are making money out of the photo by using it in a commercial sense (advertising something) then generally you do not need a model release. But I personally would be careful, say using a street photograph in a competition by a commercial company. Cause often the competition contains a clause giving the organiser the rights to use the winning photo for whatever they want, this could include commercial use, and thus, if a model release is not available, land a few parties on hot water. It is all about common sense in what you do with your photos. Certainly, entering them on AP or other forum competitions is generally not going to be regarding as commercial use.

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