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  1. #1

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    for valuable consideration received...

    Roger Hicks said in another thread:
    "There's also a lot of twaddle being talked about model releases. In this situation, the sort of model release most people would use would be the standard release of all rights in return for valuable consideration received (which can be almost anything, for example, a penny, a print, a beer or reciprocal agreement to be a model). Without valuable consideration a model release has no force, at least in any jurisdiction with which I am familiar, because it's not a valid contract, the elements of which are offer, acceptance and consideration. With the kind of release I describe, he wouldn't get anything anyway."

    My experience has been that most photographers don't even know that this expression indicates an exchange between the two parties and assumes that simply getting the model/subject to sign gives them full rights to usage.

    I've wondered for a long time... what "valuable consideration" do most non-professional photographers offer a model/subject when asking them to sign a model release?

  2. #2

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    Dear Brian,

    Legally, ANYTHING is acceptable. The classic example of a valid contract is selling a Rolls Royce for a penny. It doesn't have to be an equitable contract...

    A print is usually best, except that if something goes wrong and you don't get an image, you can't do that one.

    A foreign coin has amusement value, no matter how small its worth: I use to have a supply of kopeks for this very purpose.

    If the model signs a release, it is quite hard for them to prove that you did not give them something. This is where something memorable -- a print, a kopek, an unusual cocktail -- is a good idea. Once consideration has been given, and is remembered, the model has to lie, and gratifyingly many people are uncomfortable with this even today.

    Generally, if they're friends, I don't bother. A model release can restrict what you can do with a picture, more than the common law does. Besides, a lot of my friends are photographers, and we photograph each other.

    The most famous story of a model who was never paid a penny is the short-skirted tennis girl with no knickers on, scratching her bum. To the best of my recollection, which may well be at fault, a young man photographed his girlfriend; there was no model release; and when they split up (as I believe they did), that was the end it...

    Cheers,

    Roger

  3. #3
    rbarker's Avatar
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    My guess would be similar to Roger's - one or more prints from the shoot being the "consideration" for the release. Hence, the origin of the term "TFP" - time for prints - which has evolved to TFCD - time for CD. Now, with Roger's input, we can add "TFK" - time for kopeks.
    [COLOR=SlateGray]"You can't depend on your eyes if your imagination is out of focus." -Mark Twain[/COLOR]

    Ralph Barker
    Rio Rancho, NM

  4. #4
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    Oh, Roger, how sadly modernist and behind the times you are. When you and I went to law school, things such as consideration mattered. Now in the post-modernist world, particulary in these days of feminist legal theory, feelings are all that matter.
    juan

  5. #5
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    Just in case anyone ever shoots models in Europe and needs a release form, forget about the consideration bit. A release without any consideration being mentioned is valid in all EU countries (except for the UK of course, as always) and some more. Thank you Napoleon Bonaparte for the Code Civile, on which the system of law of most countries in Europe is still based. However if the form says that the release is governed by English law or the law of some US state (except for Louisiana I believe), the above may not be true anymore. Do yourself a favour and stipulate that the laws of Transsilvania apply and all conflicts should be brought before the Grand Mufti of Zagreb or something....

  6. #6

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    Quote Originally Posted by vanspaendonck
    Do yourself a favour and stipulate that the laws of Transsilvania apply and all conflicts should be brought before the Grand Mufti of Zagreb or something....
    I was intrigued to learn about the fact that there is no need for consideration. I'm not arguing -- I'm merely ignorant -- but I am surprised that this works in all Europe (except the UK -- and even that may have changed...).

    However, the last part strikes me as a commercial opportunity: I wonder if anyone has yet registered grandmuftiofzagreb.com and set up as an arbitrator...

    Cheers,

    Roger

  7. #7

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    A contact sheet(s) after the shoot can be the valuable consideration, if discussed prior to the shoot. That's what I do on TFP shoots.

    joe

  8. #8

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    Quote Originally Posted by juan
    feelings are all that matter.
    juan
    Yes... so we demand recompense for hurt feelings. Once we have established 'feelings' as legal currency, can someone else then sue us for recompense if they make us laugh?

    For some reason this reminds me of a wonderful T-shirt I saw a few weeks ago in northern Portugal: MY EGO IS BIGGER THAN YOUR EGO.

    Such, as you say, is the state of the law today.

    Cheers,

    Roger

  9. #9
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    Does a kiss count? Oh, nevermind, I am in the EU, I can rightufully take advantage of my models for not even a measly peck on the cheek...
    aristotelis grammatikakis
    www.arigram.gr
    Real photographs, created in camera, 100% organic,
    no digital additives and shit




  10. #10

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    Personally, I have 2 thoughts. That valuable consideration spells out exactly what is being given in exchange. That the exchange is more generous than miserly.
    Claire (Ms Anne Thrope is in the darkroom)

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