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Model Release Forms?
Lately, I've become more concerned with what is okay when it comes to publishing work online. I've never had model release forms because I mostly shoot with friends, but since I've become active on Model Mayhem, this issue has come to my attention. What are the procedures when it comes to asking models to sign release forms? Is it not traditionally done for TF shoots? Also, if I don't have a release for someone, can I still upload these photos onto sites such as MM, Flickr, or my online portfolio? Finally, when it comes to shoots with minors, what is generally acceptable? I have a few shoots with girls in which they're wearing swimsuits, and they're not sexy or provocative in any way. The answers for these probably differ, but any information or opinions would be great! Aug 14 10 07:13 am Link I have never signed model release forms for trade shoots. However, the photographer is still free to use the images in self-promotion. Like on Model Mayhem or on your own website. He or she just would not be able to sell them to a third-party without obtaining a model release. Aug 14 10 07:18 am Link You'll have a bunch of guys on here that will tell you NEVER to shoot anyone under 18 without a parent present. I don't do it, it's just my policy, not because it's against the law or anything like that. It's perfectly legal unless it's sexual in nature, and even that will be argued. But I don't care what the law is, I just don't do it. Releases: NEVER shoot a model without one if you intend to post pictures on the web or anywhere else. Why? It might/might not be a law in your state, but it's a good practice to have. If you need it, you have it. What if you move to California in a few years and want to publish some of your best work. You can't without that release. I don't know what the state law is in Texas, but it's always best to lean toward the common sense side of things, not necessarily that side of the law. Aug 14 10 07:22 am Link TrackBelle wrote: Why does a trade shoot differ from any other? Aug 14 10 07:23 am Link Trade shoot, paid shoot, same release form! Minors, just have a parent or guardian sign the form. Aug 14 10 07:24 am Link Aug 14 10 07:25 am Link I get a written, signed release for all shoots including trade. The need for a release is driven more by the circumstances under which an image is taken and used than by the type of compensation the model receives. Information about adult and minor releases as well as examples from asmp here: http://asmp.org/tutorials/frequently-as … eases.html Aug 14 10 07:26 am Link What I wrote here applies to Nevada, you will have to research to see if Texas is one of the states that have the same statute (about 8 do). http://cafe1956.com/?p=1679 Aug 14 10 07:27 am Link TrackBelle wrote: This is a very standard industry position with regards to agency models and agency tests. It was a system developed decades ago when a "book" meant a physical book. Current privacy laws may not support this position any more in some states as it could be construed that posting images on one's personal (commercial) website to be a "commercial" use as is putting the image on display in your studio window. Aug 14 10 07:28 am Link Abbitt Photography wrote: QFT Aug 14 10 07:29 am Link I've had to sign a release form for most shoots. No release form and publishing that work is a potential lawsuit. Tf only means they aren't paying, they could have thought it was just for testing not for publication. Aug 14 10 07:32 am Link I have everyone sign some type of model release form or contract, not due to age, but also so both parties know what can and cannot be done with the photographs following the shoot. I always include notations in the agreement that even though I own the copyrights to all imagery, the model may have all the copies he wants to use professionally or privately (Facebook, MySpace, whatever), provided I am credited as photographer and copyright holder. Models also find it reassuring to see in the agreement that I will never use or post the photos of them in any format or venue that could misrepresent them or their personal character. So I won't take the image of a vegan and sell it to someone for a meat product ad. This isn't a huge contract, it's less than a full page. I have everyone sign, friends especially, not out of fear of anything, but to formally show I am being fair and professional with them. Aug 14 10 07:32 am Link TrackBelle wrote: I'm not a lawyer and this information is only based on my experience and personal knowledge as I know it to be true. First, in the US, unless a "Work For Hire" contract is signed, or other agreement giving the copyright to the photographed person/people, the copyright belongs to the person that pressed the camera's shutter release button. With this in mind, even if no agreement / contract was signed, the photographer legally could license the photo(s) to a third-party for editorial usage. If the photo was licensed for advertising / commercial usage then he model(s) would have the legal right to sue due to not having signed a model release. Aug 14 10 07:39 am Link i have one form that gives me self-promotion rights and i use that for trade shoots. for shoots where i pay the model i normally use the iStockphoto release. on trade shoots sometimes i don't even bother with the release. if the model is unhappy afterwards usually i will try to make her happy, release or not. for nude shoots i do like having the signature on something that says "i agreed to do this shoot and am 18 or over". without a release i'm not sure what (if any) legal rights a photographer has. of course this varies by jurisdiction. Aug 14 10 07:47 am Link David Gaze wrote: Well, as for shooting minors, I do quite often because all of my friends are under eighteen. I would feel weird about asking them to sign releases, though, especially if the photos are casual. But I suppose it's better to be safe. Aug 14 10 07:50 am Link Jackie Luo wrote: You need a model release to use a photo for "commercial use". Posting photos online is somewhat of a grey area, as far as commercial use goes. If you are a hobbyist, and don't charge, then your online portfolio is probably not commercial use. If you charge for your work, and your website promotes your photography business, then it probably is commercial use. There is some variability among states. Some states are pretty clear about online use. Some are more vague. It is probably safer to get a model release to avoid the ambiguity. Aug 14 10 10:33 am Link This is probably classified as a "stupid question", but is getting a witnesses signature that important? I've gotten the release forms signed, but never had a witness sign...unless I can be the witness. Aug 14 10 11:06 am Link Aug 14 10 11:14 am Link Angel Morton Photograph wrote: It's your release, you are the witness. Aug 14 10 11:25 am Link Generally speaking, you need a model's permission to use her likeness for commercial use. Depending on what state/country you live in, there may be other restrictions. Depending on where you are, an online portfolio may absolutely be commercial use, may absolutely NOT be commercial use, or could be in a gray area where it isn't clear. Although you may be on good terms with your model today, you don't want to put yourself in a situation where the relationship might go downhill at some future date, and you find yourself at the losing end of a lawsuit over the images. It is good business practice to have a release for images you want to post on the web. On the other hand, it is true that many models do not want to give you a full, unlimited commercial release for TFP images. The answer is that not all releases are full and unlimited. You can get a release from the model that allows you to use the images in a pre-agreed manner (i.e. in your online/printed portfolio) but does not give you additional rights. Such a release would not be suitable for images you want to later resell. However, if a market for the images materialize, you could always ask the model for a full release at a later date. As to minors, in general you want a parent or guardian to sign the release. Some recommend that the model sign it as well. Of course, never rely on legal advice you get from the web. The correct answers vary according to the specifics of your situation and where you are located. Always consult with a qualified local attorney for reliable answers. Aug 14 10 03:55 pm Link TrackBelle wrote: This is not correct. Aug 15 10 12:33 am Link |
