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Legally Speaking...
Old 04-26-2003, 09:16 PM   #1 (permalink)
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Does a Model Release ever expire, or is it Only legal for the date signed? If you shoot the same model again, should a new release be signed for the second shoot? And must the release be signed on the date of the shoot or can the paper work be taken care of before hand?
I'm sure this is covered in a book somewhere...But I thought I'd ask the ones that must have file cabinets full of paperwork!

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Dave
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Re: Legally Speaking...
Old 04-26-2003, 10:03 PM   #2 (permalink)
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It can do anything you want... depending on the wording.

Some are conditional, and some may have terms whereby they expire. Specifically, some releases may expire or dissolve if some condiition is not met - like if the model does not receive payment or her prints within 30 days.

Generally, models learn early on not to sign a relase until they get PAID.... exchange release for a check (or prints if TFP).

The bottom line is that a release can be worded to do whatever you want it to that doesn't conflict with your state's laws of contract.
 
 
Re: Legally Speaking...
Old 04-26-2003, 10:19 PM   #3 (permalink)
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It's good practice to use separate a release for each time you shoot. If I shoot with a model on three consecutive days, that'll be three separate releases. I have releases signed immediately following the shoot. They can be perpetual (permanent), designed to expire after a given period of time or for specific uses. It all depends on the wording. It's common practice in in mainstream commercial work, that the release is for a specific period of time and for very specific purposes. But on the net, most releases are ASMP based and are usually permanent.
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New release every shoot.
Old 04-28-2003, 11:39 AM   #4 (permalink)
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Releases should provide the content of the materials created, (type of pictures/description of pictures, consideration paid, etc.). The model should sign for every shoot. While the signing can be done either immediately before or at the conclusion of the shoot, signing on a different day or other time, would not be a good practice.

Releases are not a defense against legal action, they are simply a tool to help you defend yourself and win, if an action is brought. (Usually the existance of a release, will stop most attorneys from pursuing an action, unless their client tries to claim some kind of fraud ocurred.)

Releases are not valid, until consideration has been paid, therefor you need to use a business check or obtain a cash receipt from the model, if paying in cash. The check and release should be dated for the same date, to verify the relationship between payment and release.

If you pay later, for some reason, then your payment should reference the shoot date, to again, validate the release date.

Paperwork is this "paperless" society, has continued to get worse.....not better. [img]/ubbthreads/images/graemlins/grin.gif[/img]
 
 
The Definitive Answer
Old 04-29-2003, 08:37 AM   #5 (permalink)
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"It depends."

I've seen releases that were for a given shooting session, for a given *photograph,* for long-term modelling relationships, and everything in between. (I don't work in this field but I do review releases for various things: I've actually done more for voice talent than for models, but the principle's the same.)

I would urge that you have an attorney review your release, give an opinion, and adhere to it. If you don't want to do that, I'd recommend (this is not legal advice: write me a check, and you'll get legal advice) that you use a dated model release and you get a new one every day of shooting.

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