Forums > Photography Talk > Model Releases

Photographer

Belair

Posts: 359

Downers Grove, Illinois, US

The stuff I will post here is pretty basic, but from other threads, I get the feeling that some folks really don't have a firm grip on what a release is and what it should include.  Don't forget, the photographer owns the images.  The release affirms that fact and, if the photographer is so willing, the release can act as a license to the model to use the images for specified purposes.

Here is what a good release should have, as a minimum:

1.  Identification of the parties.  It's important that the photographer properly identify him/herself.  If the shooter is an SP, then the full name of the photog or the d/b/a should be specified.  If the photog is a principle of or is shooting for a corporation, LLC, etc, then the proper name of the enterprise should be specified.

2.  The consideration offered should be carefully detailed.  If it's cash, say how much, if it's some sort of barter, such as TFP, then carefully detail what the consideration is (prints, CDs etc).  It would best to specify that such is the SOLE consideration with no futher consideration, royalties, residuals etc, due.

3.  Model's release.  A statement saying that the model hereby permits the photographer (and successors agents etc) to use the photos for any LAWFUL purpose.

4.  Model's waiver of rights.  A statement saying that the model waives any right of inspection of images prior to publication.

5.  Photographer's agreement.  Photographer agrees not to use the images in any manner that will defame the model or subject him/her to ridicule etc.

6.  Hold harmless agreement.  Statement saying the model will hold the photographer harmless for any damages resulting from the publication of the images, or any unauthorized use.

Jul 08 05 04:22 pm Link

Photographer

LaMarco

Posts: 904

Berwick, Maine, US

Thanks... all this input helps..

Jul 08 05 04:41 pm Link

Photographer

Gary Davis

Posts: 1829

San Diego, California, US

considering the implied target audience of your post, I think it would be a good idea to spell out SP and d/b/a.

Jul 08 05 05:46 pm Link

Photographer

Todd S.

Posts: 2951

Chapel Hill, North Carolina, US

Posted by Gary Davis: 
considering the implied target audience of your post, I think it would be a good idea to spell out SP and d/b/a.

SP: Sole Proprietor
d/b/a: doing business as

Jul 08 05 05:47 pm Link

Photographer

Belair

Posts: 359

Downers Grove, Illinois, US

Thanks...Todd LOL

Jul 08 05 05:49 pm Link

Photographer

Todd S.

Posts: 2951

Chapel Hill, North Carolina, US

Posted by Belair: 
Thanks...Todd LOL

Didn't mean to jump in, but was trolling the boards and saw the suggestion.

In the course of discussion on the thread LaMarco Photo started I think all of those topics were covered, but it was thoughtful of you to extract the essential points in English (and not legalese).

Jul 08 05 05:55 pm Link

Photographer

Doug Harvey

Posts: 1055

Las Vegas, Nevada, US

Or....
------
In consideration of my engagement as a model, upon the terms herewith stated, I hereby give to (company name,) his heirs, legal representatives and assigns, those for whom (company name) is acting, and those acting with his/her authority and permission:
a) The unrestricted right and permission to copyright and use, re-use, publish, and republish photographic portraits or pictures of me and the negatives, transparencies, prints, or digital information pertaining to them, in still, single, multiple, moving or video format or in which I may be included intact or in part, composite or distorted in character or form, without restriction as to changes or transformations in conjunction with my own or a fictitious name, or reproduction hereof in color or otherwise, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose whatsoever.
b) I also permit the use of any printed material in any form connected with the use of said published photographic portraits or pictures, negatives, transparencies, prints, or digital information therewith.
c) I hereby relinquish any right that I may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
d) I hereby release, discharge and agree to save harmless (company name) his/her heirs, legal representatives or assigns, and all persons functioning under his/her permission or authority, or those for whom he/she is functioning, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
e) I hereby affirm that I am over the age of eighteen years 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.

Jul 08 05 06:06 pm Link

Photographer

ErnieR

Posts: 32

Paragould, Arkansas, US

Here is the release that I use
http://www.ernierice.com/coolstuff/simple_release.pdf

[a href="http://www.ernierice.com/coolstuff/simple_release.pdf"]

It's pretty much copied word for word from one of the Photographers Market book with an added consent for minors.

Ernie

Jul 08 05 07:13 pm Link

Photographer

ErnieR

Posts: 32

Paragould, Arkansas, US

[a href="http://www.ernierice.com/coolstuff/simple_release.pdf"]model release/a]

Jul 08 05 07:30 pm Link