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Thread: Model Release Form

  1. #21

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    Remco

    Re: Model Release Form

    And again, and as usual for this kind of thing, if you are really worried about it, see a lawyer about what's legal in your place.
    (esp. as here we are from at least 5 countries in this thread alone, so there's bound to be some significant differences...)
    E.g., as I understand French law (and I'm not a lawyer nor trained in law): attribution is obligatory whatever the
    contract says...

    Remco

  2. #22

    Re: Model Release Form

    Quote Originally Posted by Shadowman View Post
    Not sure which tag you searched under but most of the dialogue on model releases was under the term copyright laws.
    Thanks Shadowman,
    With my lack of knowledge in this area of photography I would have never found it. I will give it a good looking over.

  3. #23

    Re: Model Release Form

    Quote Originally Posted by revi View Post
    And again, and as usual for this kind of thing, if you are really worried about it, see a lawyer about what's legal in your place.
    (esp. as here we are from at least 5 countries in this thread alone, so there's bound to be some significant differences...)
    E.g., as I understand French law (and I'm not a lawyer nor trained in law): attribution is obligatory whatever the
    contract says...

    Remco
    Thank You Remco,
    I took note of that earlier and fully understand now that is the next thing to do. However in the process of asking I hope that this thread has helped others as well. I found it very interesting how the laws differ so much in different cultures around the world. Perhaps one day if I ever travel to one of these beautiful places I will have a tad bit of an idea what I can do, or at least have a starting point. I have traveled overseas 30 years or so back and found that the laws were much different from those in the USA. Never hurts to ask!

  4. #24
    speedneeder's Avatar
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    Brian

    Re: Model Release Form

    Quote Originally Posted by Colin Southern View Post
    I did, but I don't know how many loopholes are in it.

    As a rule I hate releases that totally screw-over the other party - so I just wrote a "plain English" one that forms the basis of understanding between us ie

    - Payment is due when the job is complete

    - You can't use the images until they're paid for

    - I can use a small selection of them for self-promotion

    - If you change them significantly, keep my name away from them!

    - If you do anything illegal, I'm absolved
    I like simple! Any notes about selling images to other parties?

  5. #25

    Re: Model Release Form

    Quote Originally Posted by Colin Southern View Post
    Quote Originally Posted by speedneeder View Post
    Any references for a standard MRF? I guess I could write my own...I did, but I don't know how many loopholes are in it.
    As a rule I hate releases that totally screw-over the other party - so I just wrote a "plain English" one that forms the basis of understanding between us ie
    Writing a contract in plain English is fine - it is far less intimidating than legal mumbo jumbo and serves the purpose equally well, provided that you are sufficiently specific.

    However, what you have is a contract and not a model release form and you should really have both. A contract defines the terms of your relationship with the model. It defines their responsibilities and right and your responsibilities and rights, and it should be signed by both parties. A model release serves a totally different purpose. It grants the model's permission for person or person unknown to use their likeness for commercial purposes - specifically meaning advertising, marketing, promotion of a business, service or product.

    The contract is something that you and the model each keep a copy of - its terms would generally be private between the two of you. A model release is something you give to others - specifically those companies who buy an image in order to use it for commercial purposes. Note, the release is not needed to sell the image, only for it to be *used* for commercial purposes. If the only model release you have is as part of your contract then you would be forced to give copies of your signed contract to a third party, which is unnecessary and and not generally advisable.

    Obviously if you are a hobbyist and you just want to display images on flickr or some other non-business portfolio you don't need a separate release. However, if you are ever going to sell the images as stock or for commercial use, or use them to advertise your own photography business, then you should get a separate signed model release.

  6. #26

    Re: Model Release Form

    Quote Originally Posted by speedneeder View Post
    RE MRF's for profit photos:
    If I use a photo for the purpose of demonstrating my photography on my web site, does this require a MRF?
    The photo itself is not being sold.
    It is not the sale of the image that is important, it is the use. A model release is required when someone uses a persons likeness for advertising purposes.

    If you do photography as a hobby and are just displaying the photo as part of your online portfolio then it isn't advertising and a release isn't needed. If you run a photography business and are using the image in an advert or on your website for the purpose of attracting new business then you should get a release.

    Any references for a standard MRF? I guess I could write my own...
    Make your self a nice cup of coffee/tea and then Google "model release form" and you will have plenty of references.

  7. #27

    Re: Model Release Form

    Quote Originally Posted by Carl in Louisiana View Post
    Thanks Shadowman,
    With my lack of knowledge in this area of photography I would have never found it. I will give it a good looking over.
    Okay I tried looking under copywrite laws and came up empty. I must not be doing something right.

  8. #28

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    Have a guess :)

    Re: Model Release Form

    Quote Originally Posted by Carl in Louisiana View Post
    Okay I tried looking under copywrite laws and came up empty. I must not be doing something right.
    Try "Copyright"

  9. #29

    Re: Model Release Form

    Quote Originally Posted by Colin Southern View Post
    Try "Copyright"
    Thanks Colin,
    I guess I started too early this morning.

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