A 'friendly' model release... Suggestions?

Tamron SP AF 17-50mm f/2.8 Di II LD Aspherical (IF) for Canon

04/27/2007 01:06:56 AM · #1

The past month or so I've been (gently) asking my friends if they'd let me photograph them or their children and I have a few that are interested. Again, this is all for $0, mostly just experience and to build my (non-existent) portfolio. But I want to write up a model release anyway just to avoid possible problems in the future and protect my ability to display the photos.

The basics of the release (in plain english, not lawyer-speak) are:

* I deliver a CD with edited full resolution photos. The model would have full rights to print, post, e-mail, or whatever. But, no commercial use (they can't use them to obtain any payment).
* I have copies of the (digital) negatives and I'd retain the copyright on the images.
* I am allowed to use the photos for self-promotion (printed portfolio, online portfolio, or on my blog) but in a way that protected their identity (only first names, or even made-up first names).
* I am NOT allowed to use the photos for commercial use. If I found someone who wanted to buy rights to a photo or I wanted to submit it to stock, I'd contact the model and renegotiate.

Remember, these are my friends -- it is not my goal to build a stock library with these photos. Mostly it will be their kids and I understand they don't want those showing up on a billboard talking about how important contraception is. My primary goal is to build my portfolio, protect everyone's rights, and not make my friends nervous.

That being said, does anyone have a model release like this already? Am I missing anything obvious or is there something in here that could screw me down the road?

Also, just so you know, I'm going to do a non-friendly TFCD (time for CDs) release when I start casting a wider net for models. That would allow me to use the photos for commercial use.

Thanks in advance for any advice!

Tamron SP AF 17-50mm f/2.8 Di II LD Aspherical (IF) for Canon

04/27/2007 12:46:55 PM · #2

Anybody have any advice for me? I might schedule the first session for this weekend, so I'd like to get this firmed up before I press the button for the first time.

Thanks!

Canon 12x IS USM (S3 IS built-in Lens) -- 36-432mm (35mm EQ)

04/27/2007 01:50:53 PM · #3

I think you should keep the release simpler. Many of the conditions you list -- for example giving them a CD with picture and limited reproduction rights -- seem more appropriate for a contract or copyright license, rather than as a component of the release itself.

Why not make a release which is usable for stock images, and then use the more limited one only if the parents prefer?

dwterry

Canon EOS-1D Mark III

Canon EF 24-70mm f/2.8L USM

04/27/2007 01:51:59 PM · #4

You can write a model release any way you want. I've seen model releases that are so scary that *I* wouldn't want to sign it.

My own model release is similar to what you just described. I basically state that, in exchange for their services as a model: 1) I, the photographer, +can use the photo for self promotion, 2) I will give them a copy of the images on CD for their use, and 3) they certify that they are age 18 or older and able to sign this release.

Then I have them fill out name, address, phone number, email, etc, and sign it.

I don't use any legalistic jargon. I just want it understood that we can both use the images.

Canon 12x IS USM (S3 IS built-in Lens) -- 36-432mm (35mm EQ)

04/27/2007 01:54:23 PM · #5

If you use the Advanced Search feature to search thread subjects with the keyword "release" you should get several pages of threads which include many with model releases, some of which contain samples.

oOWonderBreadOo

Canon EOS-5D

Canon EF 16-35mm f/2.8L USM

04/27/2007 02:00:02 PM · #6

on my contract they have to sign:

The copyright of all photographs remains with the photographer. Photographer reserves the right to use negatives, digital scans and/or reproductions for advertising, display, internet promotion, publication or other purposes. If originals are contracted the client may make unlimited enlargements and reprints for personal use but not for any commercial purposes without prior written permission from photographer and full copyright recognition

and a simple model release if I want to use them and they are willing to sign...

For valuable consideration received, I hereby grant to Laura Siivola and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of me, or in which I may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. I hereby release Photographer and his/her legal representatives and assigns from all claims and liability relating to said photographs.

Tamron SP AF 17-50mm f/2.8 Di II LD Aspherical (IF) for Canon

04/27/2007 03:26:02 PM · #7

Thanks, this has been very helpful. What I am hearing is that I'm doing pretty well, but I might want to produce more than one document. Specifically, I should do:

A model release, letting me use their images (maybe one allowing commercial use, one not allowing commercial use if I get a nervous model).

A contract for my friends (or anyone I deliver stuff to) saying I hold the copyright, but they'll get CDs with limited, personal use, of the photos. Obviously, I could have other variants of the release later.

Also, as far as I can tell, a release for a child (minor) is pretty much the same as the adult release, I just have to have a little extra language in there to make it clear the guardian is signing for the minor. Correct?

If anyone has any other suggestions, let me know. I'll churn on this for a day or two, then post my releases to aid others.

Canon 12x IS USM (S3 IS built-in Lens) -- 36-432mm (35mm EQ)

04/27/2007 03:33:21 PM · #8

Originally posted by Sting11165:

Also, as far as I can tell, a release for a child (minor) is pretty much the same as the adult release, I just have to have a little extra language in there to make it clear the guardian is signing for the minor. Correct?

That's right. All of the stock sites have downloadable releases suitable for commercial use -- just delete any references specific to their business.

If you intend to go into photography as a business, I highly recommend you invest in some books from Nolo Press -- they publish self-help books on IP law/copyright, incorporation, running a business, etc. Your library may have some in the reference section.

The US Copyright Office should have all the forms and instructions you'll (eventually) need as downloadable PDFs.

JenniferDavidGA

Canon EOS-400D Rebel XTi

Canon EF 17-40mm f/4L USM

04/27/2007 03:47:30 PM · #9

I have also been going threw this lately. I am trying to build my portfolio and I have been work with a lot of newer models I have never met before. I have a Trade for CD model release that I have been having people sign lately. It is basically a TFCD/model release all in one. It states everything you are looking for.

I found that if the first part states that they are getting something for free and neither person is making any money off of it people seem ok to sign it (and not even read the rest of it). Before I had a generic one I printed from Shutterstick with all the legal mumbo-jumbo and no one wanted to sign it.

I can send you a copy if you would like.

emorgan49

Olympus E-5

Olympus 50mm f/1.8 MF Normal Zuiko

04/27/2007 04:54:46 PM · #10

Somebody had a really simple one, I was one of those people I get mixed up, maybe Kavey or Karmet. I will look for the link.

PhantomEWO

Canon EOS-5D Mark II

Canon EF 70-200mm f/2.8L IS USM

04/27/2007 04:59:50 PM · #11

why would you want to restrict your use (photog) of the photos for stock or commercial? I would allow the model to use the photos commercially only after contacting you and negotiating a piece of the pie. Keep it simple but allow your use for any reason, restrict models use to non-commercial unless you approve. Best of luck.

emorgan49

Olympus E-5

Olympus 50mm f/1.8 MF Normal Zuiko

04/27/2007 05:05:53 PM · #12

It was Kavey - and I found it. This was the release I took to South Sudan, everthing else seemed too complicated.

Photographer: Kavita Favelle

I permit the above-named photographer (or their nominee) to use their photograph(s) of me for any commercial or non-commercial purpose without my further agreement. This includes, but is not limited to, modifying and using the photograph(s) in any way for artistic, advertising, editorial, or promotional purposes and in any medium including print and the web. I agree that the photographer keeps all rights to the photograph(s). I agree that I am not entitled to any further payments in respect of the photograph(s) or any use of the photograph(s).

Name of subject: ________________________________
Signature of subject
or legal guardian: ________________________________
Address: ________________________________
Location: ________________________________
Date: _________________
Payments received: _________________

Canon 12x IS USM (S3 IS built-in Lens) -- 36-432mm (35mm EQ)

04/27/2007 05:09:06 PM · #13

Originally posted by emorgan49:

Somebody had a really simple one, I was one of those people I get mixed up, maybe Kavey or Karmet. I will look for the link.

I have one (in "legalese") in PDF format I'll be happy to email anyone who wants it -- works for both adults and minors.

Someplace I found all kinds of forms which print in 3x5 card format, including a simple model release. It can be carried right in the camera bag ... I can't find that one though : (

Tamron SP AF 17-50mm f/2.8 Di II LD Aspherical (IF) for Canon

04/27/2007 05:11:18 PM · #14

Originally posted by JenniferDavidGA:

I found that if the first part states that they are getting something for free and neither person is making any money off of it people seem ok to sign it (and not even read the rest of it). Before I had a generic one I printed from Shutterstick with all the legal mumbo-jumbo and no one wanted to sign it.

I can send you a copy if you would like.

That'd be excellent. I'll PM you my e-mail address.

I'm definitely a bit concerned about people getting a panicked look in their eyes when I bring out two or three forms for them to sign (these are my friends after all). Having both on one short form would be handy and then I'll do different, more formal ones too.