Model Release Form

Discussion in 'Write Up's, How To's' started by Andrew Anthony, Jul 5, 2011.

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    Andrew Anthony NYPF-Member

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    S I was hoping that I wouldn't even need anything like a remade form for the models I've been shoot but I've been kinda disappointed by how some people are using my images... As you guys know these shoots I've been doing are free to the models and I haven't asked for any type of release or even had to layout any rules of use as I hoped that it was common sense... All my early shoots I had uploaded the shots to Facebook for them and let them download the high res versions from Facebook and I would give them the full high quality edits on DVD if requested. On these images I would put my tag in a not intrusive area so their shot was nicely intact without an annoying logo taking up important space in the photo. When they used these images they left my tag in the shots and I would think that would be the common thing to do to give credit to the photographer... Lately the past couple of shoots I've been on the models have used my images and cropped out my tag from the shots... I find this disrespectful as I did the shoot for free and the least they can do is keep my tag in the shot or credit me under the picture! So I've now changed the way I upload my images on Facebook and only upload at standard quality (720 pixels on the long side) with no high quality Facebook download. I will give them the hi quaility edits on DVD but I guess when I give it to them have them sign a waiver letting them know either not to remove my tag or place a stronger water mark or something...

    Can someone fill me in on what kinda form you use for your models or how you go about making sure you get credit for your work? Thanks for the help!
    Andrew Anthony, Jul 5, 2011
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    ArielK NYPF-Moderator

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    I think the way to get credit for your work is to charge them for the dvd and for the rights of the digital image. Let them do what they want with it after.
    ArielK, Jul 5, 2011
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    ACNYPhoto NYPF-Club Member

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    Model Release form let's YOU use the pictures...

    Usage License spells out what they can and cannot do with the pictures...

    Contract spells out the terms of the shoot....

    In their mind, they are modeling for free, who is correct?

    Welcome to the club...
    ACNYPhoto, Jul 5, 2011
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    Andrew Anthony NYPF-Member

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    Can I combine them into one?
    Andrew Anthony, Jul 5, 2011
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    ACNYPhoto NYPF-Club Member

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    Sure, but it's not a model release, it's a contract! All a model release does is abide by sections 50 & 51 of NYS Civil rights law and allow you to use the persons likeness for commercial purposes. NYS has no provisions for implied usage, without a release the person in your photo could tell you to take it down and you have no choice as your online portfolio IS commercial advertising.

    If you put a copyright symbol, date and name on your photo, even without a usage license it is illegal under US Title code 17 to remove as is making any major changes to the photo by anyone but the copyright holder.

    Once you combine them, it's a contract... Some people prefer 3 separate documents and some prefer combined. I have studied a lot of Intellectual Property law although my schooling and background is in criminal law. I've had girls try to argue to the death what they assume they know, it's just best to block them and call it a loss. You could take them to court or send off DMCA letters to have the photos removed, but is it worth it?
    ACNYPhoto, Jul 5, 2011
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    Joe Cat NYPF-Moderator

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    Andrew - you sure they are cropping it out intentionally? Just a thought, if its their main profile pic - facebook has you manually select an area (where your body is) and it crops it out on the file in your album. Even if you didnt manually select it, FB will auto crop it to the right dimensions. Just a theory, if its like one photo.

    If thats not the case.... than you should just tell her that its common professional courtesy to include your tag in there. Everyone knows where you stand - you did this as a free service, to get experience and to get your images out there, you are glad she likes the images enough to post them, but if she doesnt keep your name on it - you aren't getting the fair credit and exposure you were trying for.

    I dont think you're about to take legal action against anyone (if you even could) - so thats probably the best thing you can do right now. And in the future, get yourself a usage license. And since everyone is using their images on FB - tell them up front (in the document) and in person - you would appreciate/expect that if they use the images on their FB they need to keep your images unaltered, keep your name on them, and to also tag your FB on the image. Tell them that if they want or need the image cropped or adjusted, you'll be happy to do it for them.

    I think for now, handle the past infractions in a friendly way (you'll catch more flies with honey) - none of these are pro models (I dont think) and they PROBABLY didnt mean it in the way that you are offended/pissed - some people simply just don't know better.
    Joe Cat, Jul 5, 2011
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    Andrew Anthony NYPF-Member

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    yeah thats exactly what i'm going to do Joe! i figure they all liked the shots I took so might as well just let them know nicely... I was cranky last night when i wrote this post lol!
    Andrew Anthony, Jul 5, 2011
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    BruceF NYPF-Club Member

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    Heather Lane likes this.
    BruceF, Jul 5, 2011
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    Ron R. NYPF-Club Member

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    Andrew, someone I know just took/used one of my photographs from facebook without ever saying a word to me. So I created this lenghty statememt and posted it on her wall. I did it for fun but I could see the benefits of use in real life. It pertains to this thread so I thought you might like to read it. (I combined a few areas that I was reading online.)
    Ron R., Jul 5, 2011
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    Rachel Leah NYPF-Member

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    I agree with Ariel about charging them. It's sad that things like that aren't common sense to some people! The way I have it set for my photoshoots is I have them sign a model release form saying that I can use the pictures for advertisements, on my website, etc... it really doesn't have much to do with how THEY can use the pictures. If they want the digital high-resolution pictures then they have to pay for it and it includes the rights to print or share or do what they please with them. For a while, before I started the actual business, I was giving people the disks of their pictures but the more photoshoots I started doing the more I realized I was gipping myself out of a lot of money (that I desperately need!!!) because they could order unlimited amount of prints from those files with NO proceeds going towards me! so now if they want to buy a digital file to use as they want they can, but it costs something, I don't give those for free anymore.

    That's so annoying though that they are cutting your logo out of the picture - how annoying... that bugs me!
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    Rachel Leah, Jul 21, 2011
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    Ron R. NYPF-Club Member

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    Rachel I appreciate your input & knowledge So what your saying is if I read your post correctly is ... If you do a shoot of a person, you ask them to sign a release to use the photos as you wish, and if you don't have a release than you have no right to use those photos anywhere until you get a release ...right? And your other point about the disk I fully understand, it's basically giving away the negative from film shooters, and they would never do that without a major cost. They protected their business well I think.
    Ron R., Jul 21, 2011
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    ACNYPhoto NYPF-Club Member

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    The only models I do not get releases from nor do I issue licenses too are bonafide agency models. They know the deal and their agencies will not allow them to sign a release. Then again I have less issues with working models in general as they know what they can and cannot do. If something comes up where someone wants to use the picture for a commercial purpose then I tailor all paperwork to the specific need.

    Ron, the same holds true for trying to use a picture of yourself taken by someone else without a license to do so...

    Depending on subject matter there's still plenty you can do without a release and there are entire books on the matter.
    ACNYPhoto, Jul 21, 2011
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    Ron R. NYPF-Club Member

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    This is what I was trying to get you to answer . I guess I'm totally confused, I will be shooting a friend of my wifes next week, hopefully the first of more to come, for no other reason than for myself, she just wants a copy of them. If I like the results and want to use them, anywhere, I don't or I do have to get a release from her. Lets say I will post these photos on my website, perhaps facebook & in my portfolio. Is this a cut & dry issue or is full of ambiguities, and if I definitely need a release , where do I get it from.
    Ron R., Jul 21, 2011
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    Rachel Leah NYPF-Member

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    You can just type it up yourself Ron! It just needs to say all the important stuff - no big deal. I originally downloaded a template of a model release form and then just tweaked it to the way I wanted, how I would use their pics (just on my facebook page, website, business card or something). I forgot where I got the example form from, wish I remembered for you, but if you just google something like "model release forms" I'm sure you will find a lot that you can download, add your name to, and change whatever you would like. Let me know if you find it.
    Rachel Leah, Jul 21, 2011
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    Rachel Leah NYPF-Member

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    Oh and as for your other question - yes you understood my first post right! I get the model release (there are two different model releases - one for "minors" that the parent signs and one for adults) then I use it how I want. There are some occasions that I haven't gotten a model release form back when I was starting because they were pretty close friends from church that i have known for my whole life... but from this point on I always get them to sign a form, even if I do know them. I might as well if I have the forms laying around, and that way I don't have to be nervous that they'll be like HEY - I DON'T WANT MY PICTURE ON YOUR SITE! I still tend to just let them know which pictures I will want to use on my site just so they know. But yeah... that's kinda how that all goes for me.
    Rachel Leah, Jul 21, 2011
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    Rich NYPF-Admin

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    I really like this post. Its very important that everyone knows that the photographer is to get the proper paperwork needed to use the photos commercially.Keep in mind that doing anything for free is a disservice to everyone. In my older days i realized that people feel like they received higher quality if they pay.

    Meaning ,,,, if you give it to them for free its devalued even in there eyes.

    A book worth reading is "best business Practices for photographers" by John Harrington
    Rich, Jul 21, 2011
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    Ron R. NYPF-Club Member

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    Rachel thanks for your insight on the topic but I wish there was a generic form I could download, I'll google it & see what I come up with. Rich is thatan ebook, your suggested reading??
    Ron R., Jul 21, 2011
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    Joe Cat NYPF-Moderator

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    If you took the photo (and weren't on private property), YOU own it ... you dont need a release or permission for NON-COMMERCIAL use. But without permission, you cannot use someone else's image that you photographed to make money (and that could be interpreted loosely such as the fact that it is in your 'portfolio' and it is advertising for your services). BUT, if it was in your personal photoblog and you don't sell photos, you don't offer your services for money, or anything like that.... you can use it as you wish. I'm not a lawyer...but thats how its been interpreted to me. Probably because "non-commercial" can probably be easily twisted (by someone trying hard enough) to have "commercial" intentions... and unless photography will always and forever only be a hobby and you will never ask or accept a dime for it - directly or indirectly ... I'd get the release ready.
    Joe Cat, Jul 21, 2011
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    Joe Cat NYPF-Moderator

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    http://lmgtfy.com/?q=model release form :)
    Joe Cat, Jul 21, 2011
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    Joe Cat NYPF-Moderator

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    So get this - this is funny. Literally, as I'm writing these posts above... I get this email (like 5 minutes ago):

    Hi Joseph,

    My name is Kumi; I am with a television show called Little People, Big World. We recently filmed a campus tour at Brooks Institute at Mason St. and during that tour was your photo on the wall (in the lobby area) - I hope I have the right person!

    I would love to speak with you about getting permission to possibly show your work in the program. If shots with your photograph are used in the final program, it will be in the background and not focal.

    I am attaching the release form I'd like to get from you, if given permission.

    Looking forward to hearing from you.

    Best,
    Kumi

    Well, go figure... they got the wrong guy. Apparently Joe Catalano photographers are running wild ... I shoulda just taken credit, Lol. The release form they sent me is attached.

    What a weird coincidence.

    Attached Files:

    Joe Cat, Jul 21, 2011
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