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Photography F.A.Q (Last Updated: 2024 Nov 26 6:56 am)



Subject: Model Release


DHolman ( ) posted Fri, 02 April 2004 at 6:11 AM · edited Wed, 25 December 2024 at 1:42 AM

Hi guys... sorry I haven't been around much this week. Getting stuff ready for my first class. It was way cool. I really like her. Anyway, next week I have my first session with a model in the studio and Patricia suggested I should bring a Model Release form. I have several that I like, but decided to finally tailor one to me. Taking what I think are the best parts of the releases I have, I made the following one. Let me know what you think. Some of the formatting won't be right because I just copied and pasted from my Word document:

MODEL RELEASE FORM
AND AUTHORIZATION TO PHOTOGRAPH

I hereby grant Donald M. Holman (Photographer), his heirs, legal representatives and assigns and those acting with his authority the irrevocable right and permission, throughout the world, in connection with the photographs he has taken of me, or in which I may be included with others, the following:

(a) The right to use and reuse, in any manner at all, said photographs, in whole or in part, modified or altered, either by themselves or in conjunction with other photographs, in any medium or form of distribution, and for any purposes whatsoever, including, without limitation, all promotional and advertising uses, and other trade purposes.

(b) I hereby relinquish any right that I may have to examine or approve the photographs, completed product(s) and/or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.

(c) The right to copyright said photographs in his own name or in any other name that he may select. I waive the right to inspect or approve any use thereof.

I hereby forever release and discharge Photographer from any and all claims, actions, and demands arising out of or in connection with the use of said photographs, including, without limitation, any and all claims for invasion of privacy and libel. This release shall inure to the benefits of the assigns, licensees and legal representatives of Photographer, as well as the party(ies) for whom he took said photographs.

Please check one:

______ I represent that I am over the age of majority and have the right to contract in my own name. I have read the above authorization, release and agreement, prior to its execution; I fully understand the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns.

______ I represent that the model is a minor and that I am the parent, guardian or duly authorized representative of the model. I have read the above authorization, release and agreement, prior to its execution; I fully understand the contents thereof and I hereby consent to the foregoing on his/her behalf as well as upon his/her heirs, legal representatives and assigns.

Date: ______________________________


Models (or Parents) Signature


Print Models Name


Print Parents Name, if model under age 18

Models (or Parents) Address:



Phone: ()___________________


Misha883 ( ) posted Fri, 02 April 2004 at 6:40 AM

Attached Link: http://www.coollawyer.com/webfront/doclist/docinfo.php?did=33

...don't know... I have to run off to work now, but a Google search turns up a lot of stuff, including an on-line vend-a-laywer site. It mentions features included in their purchasable forms: "> Provides permission to copy, publish, perform, publicly display, distribute, sublicense, modify, sell, create derivative works from, and/or use images of the model in media at the company's discretion. > Provides release of company from liability which might arise and agreement not to bring any claims regarding privacy, publicity, use of my name, copyright, trademark, service mark, trade name, civil or other rights. > Assumption of risk for publicity and its results > Certification of age and required ID format for proof of model being over 18. " ___ 'course, with your new hobby, may want to also consider: "For adult industry materials, do not use this form -- use the 18 USC 2257 compliance set."


Bidsy ( ) posted Fri, 02 April 2004 at 1:36 PM

Looks fairly ok, Donald. I don't know exactly for how US law applies, but here in the UK, the forms I use are a little simpler (less legal-ese).

I suppose it depends on the markets you're entering. I generally sign off release of all digital files, negs and releases to the copyright owner (me) and include the usual liabilities.

Dunno if you already have it, but look at getting some indemnity cover. I am a member of the SWPP and the BPPA in the UK. Their site may have some info for you.

www.swpp.co.uk or just search.

Not much, I know, but I hope it helps. Good luck with the classes!

Dave


DHolman ( ) posted Fri, 02 April 2004 at 3:02 PM

Thanks Misha. Yea, Google has tons of them. It's where I originally found the 3 I liked the most. Gaaahhh .. "adult industry materials"? Sheesh, what do you think I'll be shooting? :P 'chelle! Misha's picking on me again. He keeps looking at me and asking me if I know Annie Sprinkles personally. Dave - It's America ... land of the hungry lawyers. Wanted form to cover everything. There was one of the releases that specifically spelled out negatives and digital files. This one covers all that and any other way to have/store/make a photo with "said photographs, in whole or in part, modified or altered, either by themselves or in conjunction with other photographs, in any medium or form of distribution." Hmmm ... think I'll run my form by a lawyer just in case. If I get it ok'd up front, means I don't have to worry about it much from this point out. Of course, having signed contracts and agreements doesn't stop some people from suing you if they want to, but at least you have the document for your defense. Also, if I actually do make the switch to selling my stuff then I'll be joining the PPA (Professional Photographers of America) and they offer insurance resources. Thanks guys. -=>Donald


DHolman ( ) posted Fri, 02 April 2004 at 4:33 PM

Did some more searching and actually found what must have been the original version of the core I used for the model release (in fact, what I put in from the other 2 makes mine even closer to it). Was on a gov't site for a photo contest they were having. So, I'm gonna assume mine is okie dokie. Will show it to my teacher anyway. If anyone wants to use that one, feel free. I also have one that's not so intimidating (at least, I think so) that is specifically for TFP sessions (trade for print) - even did one where I added a line that makes it clear to the model that I will not submit any photos to a commercial adult internet site or magazine. Anyone wants either of those, let me know. -=>Donald


Michelle A. ( ) posted Fri, 02 April 2004 at 5:09 PM

It does look pretty thorough to me but then my model release is very simple... I believe Misha has the same one as I do... procured from Alpha.... former moderator extraordinare and professional photographer himself. And, the children I've shot were not for commercial or any other use other than the parents themselves anyway.....

I am, therefore I create.......
--- michelleamarante.com


Michelle A. ( ) posted Fri, 02 April 2004 at 5:11 PM

"He keeps looking at me and asking me if I know Annie Sprinkles personally" Hmmmm..... I have heard this rumour about you knowing Hypatia Lee rather intimately, but uhhhhh.... I can't tell you who I heard that from.... Maybe we'll save it for this months challenge.... ;~)

I am, therefore I create.......
--- michelleamarante.com


Misha883 ( ) posted Fri, 02 April 2004 at 6:41 PM

Hypatia Lee? Annie Sprinkles? I'm afraid to even try searching on Google.


DHolman ( ) posted Fri, 02 April 2004 at 11:01 PM

Oh, look at the poor dear Michelle. He lives such a sheltered life. ;) hehehehehe Actually, the first release I liked was really simple. One paragraph and straightforward. Then I read some of the horror stories of other photographers and I didn't want to deal with that. One was a guy who was a portrait photographer. He used a really simple release which basically said he retained rights to the negatives. He had a nice portfolio of his work that he would show prospective clients. One of his former clients found out hers was one of the photos he was using and she sued him. Because he was using the photos as examples in order to get work, it was seen as using the photos for advertising which he didn't claim the right to do in his release. He was pretty much screwed. So, double-check your release. For instance, I know of at least a couple photographers who got into it pretty good over the fact that they posted photos on the web, but their releases only mentioned printed media. I would hazard to guess that if you don't have anything in your release about the internet, you could probably be sued for posting a photo of someone you've shot on a forum like this. I figured I'd be extra careful. I barely have time to sleep and use the bathroom, I sure don't want to end up in court fighting some stupid lawsuit. -=>Donald


TMGraphics ( ) posted Thu, 28 April 2005 at 7:43 PM

Those look pretty good Donald, could you shoot them over to me? I have been looking for something like this for future use. Thanks! Good luck with school! Thomas


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