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Releases:
Two Important Points:
A release does not imply or state what
rights or usage rights the model has to the images. This
is handled by a separate "Statement of Copyright"
or "Rights Issued" disclosure. It is
a separate document; and should be handled as such. Remember;
When a model is photographed; he/she has no legal rights
to the images. The photographer owns them, and the rights
associated with them. That's not opinion, that's the Law.
Refer to US Code Title 17 "The Copyright Act" [link]
Rights are then transferred or issued on an arranged basis
to clients, models, etc. based on the language in the
Statement of Copyright.
Some photographers will assign rights on the same form as the Model Release for convenience sake, but I advise having the documents separate, as they are really two separate issues and should compensation should be negotiated for both separately.
If the model does not sign a release, the photographer owns the copyright to the photos, but has NO rights to use the likeness of the model commercially (this includes advertising, publishing or posting to web sites) - essentially, they can only show the images in their print-portfolio, or hang the images on their own wall - they may not sell them, publish them, or post them without the consent of the model. There is an excellent, In-depth article about the legalities of Model Releases by Jason Sims which can be found here: [link] It is a bit long, but a VERY good complete source of information on this subject.
Here are the types of releases
recognized as Legal and Binding.
The verbosity may change from form to form; but these are
the ones that are typically recognized in the courts, and
by most media companies and publications:
Standard Adult Release (sometimes just called a model release:
Signed by model and witness. Model must
be of age to sign contracts on own behalf without parental
consent (in most cases, 18 yrs. old). Some photographers
like to be on the "safe side", and not allow models
to sign releases on their own behalf until age 21; But 18
is the majority and standard in most situations. The wording
of the release will usually change from photographer to
photographer; But the basic concept of the release is to
secure the rights to use the "likeness" of the model for the photographer (and his ad agency, clients, etc). It is a statement that the
model is aware and willing to have his/her photograph made;
and that the model understands and agrees to the intent
and usage of their likeness in the photographs. Most publishers, companies, and stock agencies will require a photographer to have a release signed by the model before they will license or purchase photos from a photographer. It is common practice - so If you are working a commercial job, you can be expected to sign a release (and this is good - it is part of the business transaction which allows your likeness to show up commercially in print).
There
is a sample of a Standard Adult Release at the bottom of this
page
Simplified Adult Release:
Similar to the Standard Adult Release,
but in abbreviated form. Many times these are Standard Releases
rewritten by photographers because while the Standard Release
is a very good legal document, the actual language can be
daunting (read the second to last paragraph). And unless
you are in a contract for a good sum of money, the spirit
of the contract can be abbreviated without all of the scary
legalese.
Group Release
Signed by multiple models and a witness.
The Group Release is similar to a Standard Adult Release,
except that instead of the release space being for a single
signature; there are a group of signature spaces for an
entire group of models to sign individually. These are primarily
used in either large group shots; or on assignments where
many individuals are photographed for the same company.
(example: instead of filling out individual releases for
a full day of shooting workers for a corporate report, everyone
signs a space on the group release as they are photographed).
Often a group release will contain a clause referring to
the fact that the model realizes that they may be singled
out in a group shot...
Minor Release
Signed by Parent or Guardian of the model,
and a witness. Exactly the same as an Adult Release, but
the verbiage is changed to reflect the fact that the parent
or guardian are signing on behalf of the model.
Property Release
Signed by Owner of photographed property
and a witness. Similar in concept to a Standard Release,
but covers a unique property that is being photographed
(e.g. a piece of original artwork, a customized auto, architecture,
etc. anything that could be considered an original work,
and is going to be photographed, should be covered by a
property release.
An important note to remember: Models,
when you are photographed; you have no legal rights or ownership
to the images in any way. Without a statement of copyright
issued by the photographer, you cannot copy them reprint them,
or legally use them as a means of advertising (on the web
or otherwise). True, most photographers will not take you
to task on this. But If it goes to court; the photographer
holds all of the rights; as written by law.
The moral of the story... To be
safe; make sure the photographer ALWAYS issues you a statement
of copyright defining what rights you have in regards to the
images; remember, the photographer is very unlikely to give
you all rights. Not even the largest of corporations get full
and exclusive rights to a photographers images unless the
photographer agrees to it. It means one more piece of paperwork
to look at, but it is a protection that can make the difference
between winning and losing a lawsuit; or the use of some images
you really like.
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Here is the standard release recognized by the American Society
of Media Photographers (ASMP) and is also recognized as the
standard form for the Associated Press (AP). Most photographers
use this, or a variation of this release form:
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Standard
Adult Release:
In
consideration of my engagement as a model, and for
other good and valuable consideration herein acknowledged
as received, upon the terms hereinafter stated, I
hereby grant _(Photographer's Name)_, his legal
representatives and assigns, those for whom _(Photographer's
Name)_ is acting, and those acting with his authority
and permission, the absolute right and permission
to copyright and use, re-use and publish, and republish
photographic portraits or pictures of me or in which
I may be included, in whole or in part, or composite
or distorted in character or form, without restriction
as to changes or alterations, from time to time, in
conjunction with my own or a fictitious name, or reproductions
thereof in color or otherwise made through any media
at his studios or elsewhere for art, advertising,
trade, or any other purpose whatsoever.
I
also consent to the use of any printed or electronic
matter in conjunction therewith.
I hereby waive any right that I may have to inspect
or approve the finished product or products or the
advertising copy or printed matter that may be used
in connection therewith or the use to which it may
be applied. I hereby release, discharge and agree
to save harmless _(Photographer's Name)_, his
legal representatives or assigns, and all persons
acting under his permission or authority or those
for whom he is acting, 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 even though it may
subject me to ridicule, scandal, reproach, scorn and
indignity.
I
hereby warrant that I am of full age and have every
right to contract in my own name in the above regard.
I state further that I have read the above authorization,
release and agreement, prior to its execution, and
that I am fully familiar with the contents thereof.
Dated:_________________________
Model's Signature:_________________________
Name (printed):____________________________
Address:_________________________________
_________________________________
Witness:__________________________________ |
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