model release forms
I've read through many past APUG posts on this subject & none of the release forms seem suited to my purposes. Also, our laws in Aust are slightly different from other countries.
I need a simple, concise and short type of release form which doesn't hand over all rights to the photographer (as most seem to do!), I simply would be using the photograph in an exhibition or publication situation, never in an advertising situation and never altering it by digital or other means to make it into something else. (which some other forms will allow).
Does anyone have such an example release form here in Aust.? Should I just make up my own - containing the things which concern only my uses?
I'd appreciate some feedback from other Australians specifically, thanks, David.
It's possible to draw up any agreement you like, but all rights traditionally are held by the photographer. If you are taking photographs for editorial purposes, you don't need releases, period. If photographing for artistic purposes, you generally don't need a release either (at least in the US) There was recently a test case in New York that upheld this premise, regarding some "street" type photography. The plaintiff alleged that because the prints were for sale at a gallery, it constituted "commercial" photography. The court decided otherwise. If you are paying a model, it's best to have a release, as part of the arrangement. Make sure you pay them something, if only a gesture, as it binds the release a bit firmer.
I would consult a professional photographer close to home, to find out what dog hunts in your neck of the woods. There is no point in giving up rights you don't need to give up. Personally I would advise against such a "softened" release as you intend. The reason releases are so all encompassing is to remove as much ambiguity as possible. If you actually need a release, then you want it as strong as possible. You may wind up in an unhappy situation with a release that doesn't clearly give you all rights.
Just because you have an "all rights" model release doesn't mean you have to exercise all those rights. The more ambiguity and interpretation there is, the less useful the model release becomes. A clear "all rights" model release makes things simple and understandable for you, the model(s), and any future licencees, publishers, etcetera.
The more text you put in a legal document the more loopholes there will be in it unless you are an expert in thinking through and writing such things.
If there is a sole purpose for the images you need a release for, then its simple to write a release for that sole purpose and nothing else.
If you want to use it for other purposes then those will need to be specified as well. That's where loopholes start to creep in, so it's easier to make the release all encompassing and then put in exceptions to that all encompassing release.
So it depends, on which way round it will be easier to write the damn thing without it being long and wordy.
Since you seem to want a limited release, then I would suggest you just make it clear that the release is for specific purpose only.
Yes Rob, I think that's the best way. A lot of writing & if's and but's tends to put people off (as does any mention of 'advertising') so I'll draw up my own specific form.
The Arts Law Centre of Australia has a good local version - only drama is they want AUS$55. Might save a bit of pain in the long run though?
Thanks Marc, I did come across that in my local research, difficult to fork out the $55 without having any idea of what the contents are. Could be similar to all the others I've seen. I've since learnt that I can have a free 1st 30 minute consultation with ..... with.... I just forget the exact name now, an Art/Law Union place I think, my friend has the details, I could post it if anyone were interested.
PS: & thanks to all for the input!
I'm not sure if you managed to resolve your release issues, but the recent Google maps launch caused something of a stir on another site I frequent, and one of the replies to that included a link to a site detailing rights regarding photography in NSW.
That (above) site lists a few Aussie release forms.
QUT - TALSS Photography Services
Book Design Australia
Hopefully it may assist someone.