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Model release question
Can a model release signed by a model who is of legal age to sign a contract apply to pictures taken of her before she was of legal age? Aug 13 14 12:29 pm Link Personality Imaging wrote: I Am Not A Lawyer, and the answer in your location could vary, but here in PA, the answer is yes, a model can retro-actively sign a release. Aug 13 14 12:35 pm Link A good question for a lawyer but my guess is NOPE! I would think that since at the time of the shoot, the model was not of legal age to consent or enter into a contract without a parent or guardian signature and involvement. If a parent or guardian signs off on the release with her, I would think all is cleared up. **Edit My lawyer keeps telling me to document everything and get signatures as a just in case. Aug 13 14 12:43 pm Link Personality Imaging wrote: Yes. Aug 13 14 02:13 pm Link The laws governing model releases vary from state to state. Unless the respondent is an attorney licensed to practice in your state, the answer he/she gives should be disregarded, especially if they live in another state, and especially if they are not even in your country. OP, you can get lots and lots of useless and even dangerous legal advice on this forum, all for free, and all of it worth LESS than you paid for it. Or you can blow $50 and get an answer from a knowledgeable licensed attorney that will save you tons of trouble, and maybe even a stint in jail. The choice is yours. Aug 13 14 02:21 pm Link As i said yes. This has come up many times on Istock/Getty and they accept model releases signed by persons 18 and over for images that were taken of them when they were a minor. They (Istock/Getty) have huge legal teams so.... You can search there if you have patience http://www.istockphoto.com/forums.php http://www.microstockgroup.com/newby-di … l-release/ http://rising.blackstar.com/who-should- … lease.html - Last paragraph: 'However, once a model reaches the age of majority (usually 18), then the model, not the parent, has the right to sign a model release on his behalf. Therefore, if you don’t get the release from the parent/guardian while the model is a minor, then get it from the adult model.' http://www.istockphoto.com/forum_messag … adid=42376 Aug 13 14 04:03 pm Link Most recent post on Istock http://www.istockphoto.com/forum_messag … 808&page=1 RobMattingley is a moderater for Istock and his answer would be based on Istocks current policy informed by their legal teams. Again the answer would be yes. Aug 13 14 04:56 pm Link Feverstockphoto wrote: I would think so, too. (Otherwise the first 18 years of someone's life would be "property" of his/her parents even after reaching legal age which does not make sense...) But my knowledge of US jurisdiction is clearly limited. This has come up many times on Istock/Getty and they accept model releases signed by persons 18 and over for images that were taken of them when they were a minor. They (Istock/Getty) have huge legal teams so.... The fact that a specific model release is used or demanded by agencies like Getty does not guaranty this specific model release fulfills all legal requirements in any country... Aug 14 14 02:38 am Link if the answer was no, then a 60 year old person whose parents have passed away would not be able to license their childhood photos to anyone. which seems pretty stupid. so... Aug 14 14 02:57 am Link TomFRohwer wrote: You can have any generic release, your own one or one that is drawn up by any laywers in any country you want or reside in and run it past them or any stock site and their legal team and your legal team back and forth for aproval to submit images to their collection. I'm sure lawyers will still doubt even their own words! Aug 14 14 07:05 am Link On a seperate note i'm using Easy Release https://play.google.com/store/apps/deta … ease&hl=en Another feast for the lawyers to chew over  .Aug 14 14 07:20 am Link Let's confine this discussion to the US, but in that context, you are getting the right answer. Of course someone can consent to the use of their likeness for an image taken before they came of age. In fact, with few exceptions, the parent would lack the authority to sign on their behalf once they were an adult. In other words, if you went to the parent, instead of the subject, you would end up with a release that is invalid. To understand this, you have to understand what a model release is. In its essence, it is a legal document used to allow the subject to give consent for the use of their likeness. It is most often needed when the likeness is to be used for commercial purposes. As a matter of legal practice, it will either be structured as a release or a consent. The difference is significant. A true model release is a waiver of rights. It is a waiver by the subject of his right to sue the publisher for using his/her likeness in a manner that requires consent. Once you become an adult, your parents lose their right to waive your rights on your behalf. In other words, your parents can't decide, on your behalf, that you can't sue someone. The other way a release can be structured is as a consent form. Technically, that is not a release, since by legal definition, a release is a waiver of rights. In the business, though, we refer to it as a release. With a consent form, you give the publisher permission to use your likeness. Once again, your parents couldn't sell your car for you after you come of age. Their signature is meaningless. Indeed, in some states, and in some circumstances, consent given by the parent when you are under age can be rescinded when you turn 18. So you, and only you, can consent for things on your behalf once you turn of age (which is generally 18 in the US but can be older in certain states). I like the analogy of the prior poster. What happens if your parents are dead? Would that mean, for the rest of your life, you could never publish your photos as a child. Since nobody in this thread is an attorney, if this is an important issue to you, my suggestion is that you speak to an attorney. What you are having here is a lay discussion. An attorney is best qualified to give you advice. Aug 14 14 08:46 am Link Michael DBA Expressions wrote: That is stupid. Aug 14 14 12:59 pm Link |
