I am just trying to cover my ass. I did some photos the other night and did not get a release. This was for my state fair series.
I am not even sure if I need a release. The folks were in public and did nothing more than stand still for 5 seconds.
Originally Posted by david b
"It is better to beg for forgiveness than to ask for permission."
"Let sleeping dogs lie."
"I don't know nuttin'."
Besides, if you were just shooting "street" and didn't ask anyone to "strike a pose" there is no problem.
But I am asking folks to stand still. They are the "focus" of the image.
I think the answer to the original question is relative. That is, how much they pay their lawyer versus how much you pay yours. Being poor and/or having no assets is a distinct advantage in this case, as that makes accepting the case very unprofitable from the opposiing lawyer's perspective.
It's tough to come up with catch-all wording. For "real" shoots, I have a standard form that I modify to fit the circumstances of the particular shoot. But, I don't shoot "street" so I don't worry about those situations.
[COLOR=SlateGray]"You can't depend on your eyes if your imagination is out of focus." -Mark Twain[/COLOR]
Rio Rancho, NM
Let me try:
"For value received, I consent to David B using my photograph(s), including publication and public showing, and whether or not accompanied by my name or any text, captions, or illustrations. I give up any claim I might have to share in future profits or claim future compensation, and I release David B from any liability for any use of my photograph(s) in any and all media."
I think it covers those other issues raised by George. Hopefully I've kept the legalese (and length) to a minimum.
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Yup... and I'm as interested in "the answer" as you are; my needs, however, are not quite as immediate!
Originally Posted by david b
How about this:
"I (insert name) give David B permission to take photographs of me and use those photographs, including publication or public showing (whether or not accompanied by my name). I give up any claim to future profits or future compensation. I release David B from all liability for any use of these photographs."
p.s. I'm not a lawyer, nor do I play one on TV. I have a strong orientation toward "plain speak" in any or all legal documents, whether executed by me or my assigns, on my behalf or in retaliation for all past, present, or future activities, publically acknowledged or not, on this earth or other universes, for ever and ever Amen.
Instead of a rubber stamp why not one fo these ideas?
a fold over business card which has the information printed on the inside with space to be signed and dated, so you have it ready if need be? I've seen this done recently and thought it was a good way to have it all with you in one convient size.
A gum backed label that you can peel off a sheet of paper and attach to a 4x6 card that then is signed by the person and dated? So long as the signature is also on the gummed portion in at least part of it, you would be fine.
Getting some special 4x6 cards printed with the info on them so there is no worries at all. Is there a computer program that would handle that?
At first glance it is too broad. You cannot absolve yourself from all responsibility, no more that you could by placing a sign on your icy walkway, simply stating, "I am not resposible for the injuries from any falls on this walkway".
Question: Why do you want to deny the model "Any and all rights to further compensation resulting from the use of these images?" If I paid a model $10 for a model release, and later netted $1,000,000 (it could happen), I would be more than happy to give the model additional compensation, as a gesture of "good faith".
I'm pressed for time at the moment... I'm revising my "Fine Art Release" .... I know I'm still under the promise of submitting a ColorStar Article... so ....
Right now, I'm going to take a shower.
Ed Sukach, FFP.
Giving the model some of the sale is and should be up to me. It should be my choice.
Ed seems to have posed a question without answer. While I tend to agree that sharing profit with those who help generate the profit is a nice thing, "good faith" sharing seems quite different from a contractual obligation to share profit.
So when sharing either anticipated or unanticipated profit as a good-faith gesture is a goal, how would that be phrased contractually -- "I give up any claim to future profits or future compensation but that might change in the event of a fortunate event where said photoraph becomes a really big money maker and the photographer decides that it is right and just to be generous and share the windfall"?