Maintained model releases?
I have been asked to do some pictures with a photographer (the one who has my current pictures that i CAN'T use) and now they want a "maintained signed models release."
I don't really underdstand what this is. Does this mean my pictures will NOT be mine? Or have to stop being produced if i want? Am i giving up all rights to the pictures? They are not nude, but revealing enough.
Melonie? (she gives great advice ;) )
Anyone else who knows about this stuff. I just want to protect ME.
Thanks,
Pamela
Re: Maintained model releases?
Well, I am not a lawyer (my daddy is one, don't expect nor need any help from him), but I have got "burnt" by video producers and so called photographers. All I know about it the following, obtained by hard experience.
1. Releases are a fancy way of saying "permission." You are saying that you won't try to sue or stop the person(s) you are granting the "permission" to from acting and using the rights you have given them.
2. When it comes to photography and using another person's photo, every state has a statute about a "right to privacy." Essentially, each state says that no one is allowed to use another person's photo for a commercial use without their permission. The only exception to this is photos which are used in a timely manner for news coverage. Since celebrities and politicians (and other famous people) are news stories in-and-of-themselves, they are fair game to be photographed for "news" at anytime.
Without a release, a photographer using a photo in a brochure might be successfully sued because there is no way of knowing whether or not the person wanted to have their photo displayed or used (they could claim that they thought the photos were for "personal & private" use and that the resulting distribution of the image has caused undue emotional stress, etc., etc., etc.).
Professional photographers understand the laws (well most professionals do, but some simply ignore the laws) and will require always require a release from models.
3. If a photograph is ever going to be used for a commercial purpose (even to show in a portfolio or on a website), the person in the photo has to give the photographer (or user of the photo) the rights to use the photo. This comes in the form of a modeling release. Without a modeling release (some kind of documentation that the permission was granted), the model could later sue the photographer for using the image on the basis that it invaded that model's "right to privacy."
A modeling release essentially allows photographers and their clients to use or sell your photo. As a model you should understand that release forms are a routine and necessary requirement for almost all photography sessions. You should rarely have a concern about signing a modeling release, but always read each release carefully and make sure that you understand what rights you are assigning before you actually sign the form. When in doubt, ask your agency for advice. If you are worried about where, when, or how your photos are going to be used or published, then modeling is probably the wrong profession to be in.
Release forms may be unlimited or limited. Unlimited releases allow the photographer or his client to use the photos in any manner for any period of time. Limited releases modify an unlimited release by stating the photos can only be used in certain media, or for certain purposes (advertising, editorial, gallery display), or for certain periods of time
4.If you are concerned about how the photos might be used, then the best advice is to NOT POSE for those particular photos. Most photographers and agencies rather a model say "no thanks" before considerable time, energy, and expense is put into creating the photographs than to have a model complain and cause trouble after the shots have been taken (even if the model already has signed the appropriate releases -- it's bad public relations to have a model saying your business treated him/her unfairly). Make sure that you read and understand the release you are signing. If you are not comfortable with the terms, either ask to have them modified or simply refuse to pose.
A reputable photographer will take the time to discuss and answer any questions you might have about release forms.
5. Models need to understand that in almost all situations, the photographer or his client owns the copyrights and negatives or other media of a photo session. Do not expect to be given any negatives, nor should you have copies made of any photos you receive unless you have the photographer's written permission to do so.
Negatives and prints (and the right to use those photos) are the "product" that photographer's sell. Most photographers will not give away their negatives (be wary of those that do -- they may be more interested in "dating" than "photographing" the model). However, most professional photographers also recognize the need for models to send out there photos to agencies and new clients. That is why many will give a model a copyright release statement which allows the model to make copies of the print for non-sale, self-promotional purposes only. This release allows the models to have the original photographic print they purchased to be "laser copied" or reprinted on headsheets or composite cards.
If you receive such a release, be sure to follow the terms of the agreement. Many photographers will allow you to have prints reproduced inexpensively, but there may be issues which they feel strongly about.
For instance, many photographers will require that you only get photographic copies of the prints from negatives to ensure that all the prints you are showing are of the highest possible quality (a bad looking reproduction of a print makes the photographer look bad). These photographers will charge you only for their actual lab costs for having multiple extra copies made (at the same time you order the main print).
Another demand many photographers make is that if the work is reproduced that a photo credit appear on ALL pieces in a legible type size and style. This is only fair, since otherwise you would be required to pay full retail prices on prints to send out.
Yet another demand many photographers have is that you don't charge any fee to people seeing your image (for instance if you have your own website -- the site must be completely free to access). This stands to reason, because if the only reason people are paying to access your site is to see the photographs, then this is not a self-promotional activity -- you are actually "selling" the images.
Sorry, I'm about out of breath now. Hope this helps.
Re: Maintained model releases?
Quote:
Originally Posted by Pamela
I have been asked to do some pictures with a photographer (the one who has my current pictures that i CAN'T use) and now they want a "maintained signed models release."
I don't really underdstand what this is. Does this mean my pictures will NOT be mine? Or have to stop being produced if i want? Am i giving up all rights to the pictures? They are not nude, but revealing enough.
Melonie? (she gives great advice ;) )
Anyone else who knows about this stuff. I just want to protect ME.
Thanks,
Pamela
Pam, I think this is a way of them saying they want to use your photos for whatever the feel like it. You should've never taken pictures with someone who won't even let you use them. But whats done in the past is just that. They could sell your photos in stock photography. Sell it to a calendar, and make their cut, they could put up a paysite with your images an make money off of them. They are trying to fully own your pics. DO NOT DO IT! Unless they are giving you a shitload of $$$
Re: Maintained model releases?
Read the release carefully...ask for a copy in advance and (if you want) have an attorney look it over.
BRING A PRINTED COPY OF THE ONE YOU APPROVE OF TO THE SHOOT...so there can't be "bait and switch"\
Don't suspect someone with a release, suspect anyone who doesn't offer one or agree to supply one you provide (if it's fair).
Re: Maintained model releases?
excellent dissertation on the subject, Grinew. I have also had photographers attempt the ever-famous 'bait and switch' re photo releases. Signing an 'unlimited' photo release essentially amounts to a complete transfer of ownership and control, giving the photographer and his 'agents' the right to use those pictures for any purpose in any media at any time ... and also giving up the right to also use those pictures yourself without the permission of the photographer.
Re: Maintained model releases?
Ok, well this is what happened to me already then. Fuck them!!!!
Can i have MY OWN release drawn up????
Pamela
Re: Maintained model releases?
Yes, but it would be up to them to sign it...how likely do you think that will be love?
Re: Maintained model releases?
Hey, this is a model who has her own release drawn. It's pretty thourough
http://modelsondrabarker.1hwy.com/custom2.html
Re: Maintained model releases?
If you bring a basic 1 page release that says (essentially) Photographer can use pics for: (fill in), model can use pics for (fill in) and any other uses must be agreed in writing before they occur, date/time of shoot, style of shoot, proof of id and signatures for both...that might be simple enough to get signed.
if they can read.
Re: Maintained model releases?
Hmm well i talked with him tonite. I signed away my rights to the fuckin pictures....I mean i was so fuckin proud of how the right camera and lights can make a woman look. These are not EVEN NUDE.....1 fuckin picture to put on SW isn't asking much...or so i thought. I asked about a contract where i could have rights to do as i wish too. He said then how does anything get done properly......Huh? Screw this, i am looking for another.
My fault...as i did not understand all those papers. Yep stupid me.
They are to be used for entertaining purposes he says...yea, Ok.
Then i hear his wife or what ever she is to him laugh, because i asked questions. He is local, and it was easy.
I ask Paige....If you see this have you ever heard of Kevin Ward? Look Modeling agency?
No this is not him i speak of...But he and i talked once, but i was dancing at the time and not interested. He is in our area.
I am SO fuckin mad at ME...
Re: Maintained model releases?
What is the name of the photographer who stiffed ya? Put the word out that this is how he operates.
Pam, if you dont' understand something, sweetie DO NOT SIGN IT. You could be signing your soul over to the devil lol. Matter of fact, you should always get a copy of it before the shoot, to go over it.
Re: Maintained model releases?
Heh it can be such a hassle not only dealing with all the paper work that comes with modeling but the haste of screening out people that are not going to be good to work with etc.. I’ve been more apt to turn down deals then deal with all the BS.. Allot of people in the industry aren’t looking to create a win win team atmosphere … they want to be your pimp, and pay you pennies for something they will make big bank off of… best to try and as self sufficient as possible because anything someone dose for you is going to cost you a arm and a leg.. Guess that is just capitalism.. That are great companies out there but takes so much time to sift through them that you could have used all that energy to start you r own.. Although finding great references like SW really helps.
Re: Maintained model releases?
I give whatever model I consider shooting a copy of every form I plan to use at the the pre-shoot meeting. She can take it to whatever lawyer she wants. Yes, I want ownership of the pics...I'm shooting them. I give the models 8X10 copies of whatever prints they like and a cd containing every pic I take of her. She can do whatever she wants wth them, as long as I get credit. And as far as making big "bank", I sure haven't seen it, and I'm a fucking great glamour photog. This subject just sticks in my craw. I guess if I didn't have somehing to get mad about, life wouldn't be any fun! Shit, for every model that decides not to shoot, there are 5 or 6 that will, and I stay VERY busy!!
Re: Maintained model releases?
I send a model release for the model to review beforehand. If she counteroffers, and if I want to shoot with her, you'd better believe that I'll continue with negotiations in a very friendly way.
Echo that "don't sign what you don't understand." If you're not grasping everything the contract says, have someone else look over it, or send it back with a request for the plain-English version.
Good luck.
Re: Maintained model releases?
Sample Model Relase Form. For Reference only.
An example of an Unlimited Relase Form.
ADULT RELEASE
LONG FORM
In consideration of my engagement as a model, upon the terms herewith stated, I hereby
give to________________________________________________ _______________his heirs, legal representatives and assigns, those for
whom_____________________________________________i s 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 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 connection 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 [photographer], 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 majority 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.
Dated: ________________Signed:___________________________ __________
Address:__________________________________________ ________________
City:_____________________________________________ ________________
State/Zip:______________________________________________ ____________
Phone:____________________________________________ ________________
Witness:__________________________________________ _________________
Re: Maintained model releases?
OK the above Form is what i would not even sign.
Pamela
Re: Maintained model releases?
Revised previous post to include the statement "example of an Unlimited Release Form".
For reference only. A lot of the online photo studios have on line forms which you can fill out and mail. Before doing this, my advice is to seek professional help. It may cost a little more, but in terms of later headaches and difficulties, you end up saving more.
Re: Maintained model releases?
Got ya! :)
Thanks,
Pamela
Re: Maintained model releases?
model releases are interesting. i've signed many myself that i shouldn't have.
make sure you get a copy of it. this will cover your ass.
it's standard to give the photographer the rights to market and sell the images and just to give you copies. s/he's paying you for your time, not necessarily giving you a cut on the profits. you could negotiate a lower hourly rate for profit sharing.
additionally, you should make sure the release says something about "this release is void if payment is not received or acceptable" or something like that. then if you should end up taking a check or something stupid like i did, you have something covering you.