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A question on releases
Old 06-28-2007, 01:11 AM   #1 (permalink)
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Hey everyone

I did a shoot with an amateur models a few weeks ago but didn't get her to sign a release. It wasn't anything more than a few portrait shots of different lighting styles for school. I paid her and gave her a CD of the pics. Can I use her pics for self-promotion on my website or should I track her down and have her sign the release?

I have heard that if you have compensated the model, then the release is implied.
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Re: A question on releases
Old 06-28-2007, 01:46 AM   #2 (permalink)
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If you don't have a signature on paper in the form of a contract with release clause, or a formal release on its own, you have nothing. Make no assumptions in legal matters. Except of course that assumptions WILL come back to haunt you at some point.
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Re: A question on releases
Old 06-28-2007, 06:31 AM   #3 (permalink)
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Quote:
Originally Posted by bc_shutterbug View Post
If you don't have a signature on paper in the form of a contract with release clause, or a formal release on its own, you have nothing. Make no assumptions in legal matters. Except of course that assumptions WILL come back to haunt you at some point.
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Re: A question on releases
Old 06-28-2007, 06:53 AM   #4 (permalink)
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As an attorney friend of mine says, "Verbal contracts aren't worth the paper they're written on!"

I say, "If it's not in writing, it didn't happen." Model releases are readily available and downloadable from several photography websites, and it's prudent to use them.

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Re: A question on releases
Old 06-28-2007, 12:32 PM   #5 (permalink)
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Assume nothing !!!!

She will probably flattered, so make it seem like it is a good thing you are asking her to do, rather than a smarmy thing. It if looks like you are going to be earning money from her images, the she will rightfully want some too. Unless, her full compensation was the CD and that is what you want to negotiate up front.

Next time you will know better.
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Re: A question on releases
Old 06-28-2007, 03:10 PM   #6 (permalink)
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Since the model will want to use the photos for her own promotion then she will be more than willing to sign a release for the photographer when he goes to her and tells her he needs to get a release to use the photos for his portfolio. If she says she'll not sign, then the photographer reminds her that she cannot use the photos she has on the CD in her portfolio without a release from the photographer. So it cuts two ways. I would just go back to the model as ask her to sign a release that gives both parties rights to use the photos. The photographer can try to get a "full" release, but it need be can fall back on a limited release for just the purpose mentioned.

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Re: A question on releases
Old 06-28-2007, 08:38 PM   #7 (permalink)
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I knew a shooter who had a very short, vague, but broad release he'd stamp or write on the back of a check. It started with the words, "By endorsing this check..." He was also an attorney.
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