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Richard Wasserman
13-Dec-2015, 11:04
I think this has been discussed before, but can't find it. I need a model release form for an upcoming project of formal portraits. The photos will primarily be used for print sales, exhibition, and possibly editorial. In addition some of the people will be children and I want to cover myself just in case an issue arises. I would like a simple form without a lot of legal mumbo-jumbo as many of my subjects will not be well educated and I want them to be able to understand what they are signing without causing any undo anxiety. Thanks!

bdkphoto
13-Dec-2015, 11:43
There's a nice app from asmp that has model releases

http://asmp.org/ASMPapps#.Vm28GDYhdfg

HMG
13-Dec-2015, 15:35
Just be aware that you need a slightly different version if the subject is a minor.

Also, every release I've seen calls for a release in exchange for "consideration received". I remember from quite some time ago that contract law requires some exchange of something of value. But I don't know what really constitutes "consideration", other than payment.

Finally, I would be unwilling to sign most releases I've seen as they allow use of the photograph any way the photographer wants (i.e. my photo in "The 10 ugliest guys in America". Might be fitting, but I still don't like it.

Jim Noel
13-Dec-2015, 15:38
Be very careful of the one for minors for in some states they can sue after becoming adults whether parents did or did not.
"Consideration received" can be a print of the image if that is the agreement.

480sparky
13-Dec-2015, 15:56
Keep the language as simple as possible. Adding the term "for consideration received" will only complicate the matter. That generally means the subject will expect something in return.

Consent to be Photographed and Published.

I, _______________________________, hereby consent to be photographed by ___________________, while engaged in the activity of ________________________.

I further authorize that the photograph may be published for any purpose and in any form.


___________________________(Signature)

___________________________(Date)




For minors:

Parent or Guardian's Consent to be Photographed and Published.

I, ___________________, as parent or legal guardian, hereby consent to ___________(minor's name) being photographed by __________,while engaging in the activity of __________________.

I further authorize that the photograph may be published for any purpose and in any form.


___________________________(Signature)

___________________________(Date)

Bob Salomon
13-Dec-2015, 16:05
It never hurts to check with a Lawyer experienced in this in your state.

HMG
13-Dec-2015, 22:16
Also, be aware of record keeping requirements of U.S. Code 2257 if that applies to your subject matter. I know it's been challenged, and is subject to interpretation, but better to be safe.

Richard Wasserman
14-Dec-2015, 08:34
Also, be aware of record keeping requirements of U.S. Code 2257 if that applies to your subject matter. I know it's been challenged, and is subject to interpretation, but better to be safe.

Thanks, but my photos will have very little explicit sexual content...

Richard Wasserman
14-Dec-2015, 08:43
I am not too concerned about having absolutely air-tight releases. I am doing this project with the support and cooperation of a very active community organization as well a not for profit foundation that are both long standing and important parts of the neighborhood. The people I photograph will be inviting me into their homes and I will be doing serious, non-exploitative photos of them. I will be giving all the participants prints for their own use.

I'm leaning towards a version of a release similar to what 48sparky wrote.

Thanks for everyone's input

StoneNYC
14-Dec-2015, 10:10
Just use the one from Getty Images.

Iluvmyviewcam
14-Dec-2015, 11:11
I am not too concerned about having absolutely air-tight releases. I am doing this project with the support and cooperation of a very active community organization as well a not for profit foundation that are both long standing and important parts of the neighborhood. The people I photograph will be inviting me into their homes and I will be doing serious, non-exploitative photos of them. I will be giving all the participants prints for their own use.

I'm leaning towards a version of a release similar to what 48sparky wrote.

Thanks for everyone's input

You don't need any GD release if it is for art. You can put all the prints you want into a museums collection as you like. You can make art books as you like with no releases. If your a commercial photog then you need them for advertising. OK, children maybe a problem inside. On the street shoot away, no release required for kids.

nsfw

https://danielteolijr.wordpress.com/2015/04/27/meet-on-the-street-shoot-at-the-home/

Richard Wasserman
14-Dec-2015, 11:42
[QUOTE=Iluvmyviewcam;1294333]You don't need any GD release if it is for art. You can put all the prints you want into a museums collection as you like. You can make art books as you like with no releases. If your a commercial photog then you need them for advertising. OK, children maybe a problem inside. On the street shoot away, no release required for kids.

Seeing as how I don't know yet all the purposes to which these photographs may be used, I am trying to cover all contingencies. Better safe than sorry...

Robert Kalman
23-Jan-2016, 17:28
145472

This is the 4x6 card that I use for my model release. It's simple, yet covers all of the bases efficiently. If the subject is a minor, I have the parent/guardian fill out the release and sign it on the child's behalf. When I go abroad, I have the release translated into the country's language and print about 200 cards on my office printer. (I always have the person give me their contact information: snail mail address and email address.) For the "consideration received," I always give the person a print: either a Fuji instant on the spot, or one that I email and also snail mail. (I use a Red River Paper product #8451: a scored 7x10 glossy that makes a beautiful card print. Only costs a postage stamp to send. Creates a lasting impression.)

The way I present the need to sign goes like this: Before the shoot, I show samples of my work and I explain what I will use the picture for. After the shoot is done, and the person is invested in terms of his relationship with me and with the time spent, I say, "If my editor likes the portrait, and we want to publish it or exhibit it, we need your written permission." Virtually everyone says "Yes," and then I present the card to be signed. (In well over a thousand portraits, I've only had one person refuse to sign on the spot. She insisted that she see the print first.)

As for Iluvmyviewcam's advice that you don't need a release, consider this as a cautionary anecdote: I too had the belief that for the kind of editorial/documentary work that I do I didn't need a release. Eight years ago I shot an extensive project involving interracial couples whom we stopped and met on the street. All large format work. The work came to the notice of National Geographic and I got a call from a senior editor who wanted to run the pictures. We cut a very agreeable deal for one-time use. Just as we were about to close the deal and move ahead the editor said to me: "You have releases for all of these images, right?" You can guess the rest; no releases, no deal.

Lesson learned. The pictures later ran in Politico and in Italian Vanity Fair. But they were pictures I took later...all of which had releases.

HMG
23-Jan-2016, 18:49
145472

This is the 4x6 card that I use for my model release. It's simple, yet covers all of the bases efficiently. If the subject is a minor, I have the parent/guardian fill out the release and sign it on the child's behalf. ...

This certainly seems to cover it except for one aspect that I see in many model releases. That aspect is being held harmless for any alteration of the photo. I don't know how significant that is in theory or in practice.

Sending a 5x7 print as a card is a great idea.

Richard Wasserman
24-Jan-2016, 09:00
Robert,

Much appreciated, this is just what I was looking for. And the card is a great idea. Thanks!

Robert Kalman
24-Jan-2016, 09:44
Robert,

Much appreciated, this is just what I was looking for. And the card is a great idea. Thanks!

You're very welcome, Richard.