 Chris Van Antwerp |
Model release I have read quite a few threads about model releases on BP. I do not hire models, all I want to do is use some of the portraits that I take ie; seniors/families/children to promote my business through newspaper ads and brochures. I don't really want to pay someone to use the portraits. Do I need to pay them? Do I need to have a different release form than the ones that I have seen on the various web sites mentioned here at BP? Also if I take pictures of high school sports teams, can I use the team picture to promote or do I need a signed release from everyone in the picture? Every form I have read starts out "For good and valuable consideration" What does that mean? Couldn't I just come up with some wording of my own that a normal person would understand? I showed a release to my wife and she just said "what the heck does that mean? Couldn't they just write it in plain english"? I would appreciate any help in this manner.
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Debby A. Tabb |
CHRIS, HI, GOT YOUR EMAIL AND AS SOON AS I CAN GET ON MY OTHER COMPUTER(WHERE THOSE FILES ARE) I WILL SEND YOU BOTH ADULT AND MINOR RELEASE FORMS. *NO, YOU DON'T NEED TO USE PAYING MODLES-JUST USE YOUR OWN FAMILY OR GET A RELEASE FROM THOSE YOU DO USE. * TEAM SHOTS:ONLY IF YOU HAVE A RELEASE SIGNED BY THEIR GAURDIANS. * MY FRIEND IT'S ALL ABOUT PROTECTING YORSELF-YOU CAN WORD IT ANYWAY YOU PLEASE-JUST BE HAPPY WITH IT, IF SOMEONE DESIDES TO BE A PILL, YOU ARE THE ONLY ONE WHO WILL BE DEALING WITH IT.
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Craig m. Zacarelli |
heres what I use. http://contributors.gettyimages.com/article.php?article_id=954 need adobe pdf reader to view.. they are short and sweet and come in three flavors and two sizes.
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Denyse Clark |
Debby heard me lament my model release story earlier today on another thread... GET THEM FOR ALL WORK whenever humanly possible! I had former friends come back & cause me trouble about using their pics on my website, and I had to pull them because of it. And a friend of theirs has now come to me and asked me to take THEIR pics off my site now too. Man, what a week! In NY it's a misdemeanor to use any image for any business purpose (even just self-promoting!) w/o a release. Debby is right- YOU MUST PROTECT YOURSELF! I bought my releases from www.photographersedge.com and they are little tear off note pads of them on nice cardstock paper. (25 in a pad for like $3) Convenient & sturdy for keeping in the camera bag. One side for adults, one side for minors. And they are very plain english- they basically say I can use the photos for any way I want w/o compensation to them. Period.
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Chris Van Antwerp |
Thank you all for your help. Really quick, What does "For good and valuable consideration" mean. Does that mean you gave them money? That is leagaleze that I don't quite understand. Chris
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Denyse Clark |
I found this on www.phrases.org. I had to read it several times, but I think I finally got the sense of it. See if it helps you at all... "In contract law, for there to be a binding contract, certain conditions must be met. In the context of law 'consideration' means some trade-off, the 'good and valuable' part means that the trade must be for something of worth (valuable) and also something permitted (good). The whole phrase means something along the lines of 'in exchange for a trade-off against something legally acceptable and of appreciable worth'. For something to be considered "of worth", moreover, it needs to be of worth only to the contracting parties. " So what I read is that there doesn't have to be money involved- you could offer a basket of cookies or a sack of rocks for that matter in exchange for the use of their photos as long as you both agree to it. (but I'm no lawyer :)
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Debby A. Tabb |
Chris, these were drawn up by a Lawyer and I beleive it to be "Legal Ease" Meaning "Honest and Worth Consideration" ( good and valuable Consideration) But no , It has nothing to do with paying them. Most people, if they no they have signed something for you will not come back as trouble. I do hope this helps, Debby
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Mark Feldstein |
Hi Chris and Denyse: Offer, acceptance and consideration are the basic elements to a valid contract. Consideration need not be monetary but rather anything of value to the parties, a peppercorn, for example. For a contract to be binding, the consideration must be legally sufficient. This is largely a question for a competent trier of fact, say a judge or jury although in most instances they won't interfere if the parties to the contract agreed the consideration (including the peppercorn or anything else exchanged ) were of sufficient value. The phrase "for good and valuable consideration" means just that. It means given the relationship between the parties and the nature or subject matter of the contract, i.e., a photograph, then the parties simply agree whatever consideration, money, a peppercorn etc., that passed from the photographer to the subject was adequate for the photographer to be allowed to use the image as described in the release. It has nothing to do with honest and worth consideration. That would leave the term "consideration" open for interpretation as to it's worthiness in constructing the bargain or contract and essentially lead to a void or voidable contract or release. Now, your model release should be written broadly enough as to cover your intended uses of the image(s) and clearly enough so that the subject understands what they're agreeing to. If they don't, then there's "no meeting of the minds", yours and theirs and the contract will fail. So, to be a bit more specific: For good and valuable consideration, herein acknowledged as agreed, and by signing this release, I hereby give the photographer and Assigns permission to In the way this is worded, even if you sold an image for advertising and received $10,000 for its use, the subject would be hard-pressed to complain about insufficient consideration (wasn't paid enough) later on because they knew and agreed for whatever you gave them, that they agreed was sufficient, that you could sell the image for advertising. Seewhatimean?
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