Model releases / necessity or not ??????

A read-only and searchable archive of posts made to the BGAFD forum from 11/08/2000 to 14/03/2003.
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Amateur Photographer

Model releases / necessity or not ??????

Post by Amateur Photographer »

Hi, I am an Amateur Photographer i am interested in shooting various models in the near future for Magazines/websites etc. Could i get some advice from you industry Personnel as to

1/ Are the Model releases absolutely Necessary ?
2/ Are they a required legal Document and do i really need to take ID shots for every set i shoot etc ?
3/ What is the legal angle if a girl wanted to sue me for publishing photos of her on a website/magazine without her having signed a release form ?

Thank you for your time.

Rob
John Mason

Re: Model releases / necessity or not ??????

Post by John Mason »

Right, this is a rough guide:
1. yes model releases are necessary if you want to sell your pictures. You also need ID shots if you want to sell to the likes of Galaxy and Paul Raymonds.
2. In a court of law, model releases are not worth the paper they are printed on, but it does cover you in that the model is clearly aware that the pictures are going into the public domain.
3. if a girl wanted to sue you, she would have a tough time, the fact that she posed nude and looks as if she was enjoying herself would be hard to explain to a jury that you took advantage of her and she had no idea what you were going to do with the pictures.

My advice is get every girl to READ AND SIGN a model release every time you shoot her. Agree a fee and always pay her on the day, the model release also acts as confirmation that you paid her. Always get the girl to fill it in , in her handwriting. And always get 2 forms of ID, like a passport, birth certificate, etc

Good luck

John
Amateur Photographer

Re: Model releases / necessity or not ??????

Post by Amateur Photographer »

Thanks for that John Much appreciated.

Rob
richard

Re: Model releases / necessity or not ??????

Post by richard »

Where do you get the model release forms from?
marcusallen

Re: Model releases / necessity or not ??????

Post by marcusallen »

Charing X nick, or Microsoft WORD-take your pick
Amateur Photographer

Re: Model releases / necessity or not ??????

Post by Amateur Photographer »

Ok all of that is ok

But what legal grounds have the girls got if, i was to put them on a website, ie mine, paid them to work on a webcam cam but i use there photos to promote the site etc but they havent signed a release form for me to do so, or for example, i havent paid them for doing the shoot but they recieve a weekly wage for doing the webcams ... what possible, legal rights do they have then ????

Rob
Michelle Louise

Re: Model releases / necessity or not ??????

Post by Michelle Louise »

Hi, i know that you are starting out in the business but all this talk of models legal rights is making me feel wary.

Forgive me for saying that you sound that you are unsure of legalities etc but on the other hand you also sound as if you are going to rip the models off.

Lets be fair models are happy to undertake most types of work within their capabilities, fees must be agreed before the shoot and the model must be paid on the day at the fee agreed unless she does more which should be negotiated at the time of asking.

Most magazines will not publish sets without a release and i think one got their fingers burned when they printed a readers wives set that a womans ex boyfriend sent in without her permission and i think she successfully sued them.

As for using stills from the webcam for promotion you would only be using the less explicit stills anyway and you may need to get the models to sign a contract when doing webcam work that stills may be used as part of promoting the site, check that out as i may be wrong.

Also on the other hand how would you feel if someone used your images as promotion for their site without your permission.

Michelle x (a models point of view).
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