Ian Ivey
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 p.1 #12 · Need feedback on venue release | |
This is a model release, not a license to reproduce your photographs. Read the first paragraph carefully: it says they have the right to use photographs OF YOU (not created by you), depicting part or all of your BODY.
If the person who sent this to you wants to use photos you took on their premises, he or she copied the wrong template text.
What they need is a license to reproduce your photographs (NOT a copyright transfer, and not this model release).
A reprint license might look something like this:
The Parties to this agreement are [YOUR NAME] of [YOUR ADDRESS] ("Photographer"), and [VENUE NAME] of [THEIR ADDRESS] ("Licensee"). This agreement is entered into for the purpose of providing Licensee with permission to reproduce images created by Photographer at and depicting Licensee's place of business, in exchange for consideration received by Photographer.
LICENSE AND LIMITATIONS
Photographer hereby grants to Licensee a limited, worldwide, non-expiring, non-transferrable license to reproduce, use, publish, and/or display for promotional or other business purposes photographs taken and/or owned by Photographer, which depict Licensee's place of business, events held at Licensee's place of business, or other subject matter useful to Licensee for purposes of self-promotion, in connection with [NAME OF EVENT PHOTOGRAPHED], on [DATE]. Licensee may reproduce, use, publish, and/or display these images in print and online, without advance notice to Photographer, and without providing Photographer further opportunity to inspect or approve the finished photographs, or any alterations, modifications, adaptations, distortions, composites or portions of same, or any finished advertisements materials, copy or other matter which may be used in conjunction therewith, or the manner in which any of the same are used, reproduced, published or displayed.
Licensee may not sell the images licensed under this agreement to third parties. Licensee may not provide the images to third parties for reproduction, use, publication, or display, for purposes not directly related to self-promotion of Licensee. Licensee may not use any images provided under this agreement in any manner that might be deemed pornographic, obscene, defamatory, offensive, or otherwise harmful in any way to the reputation of Photographer.
As the author of the works licensed in this agreement, Photographer retains copyright, and reserves all rights not expressly granted or waived in this agreement.
CONSIDERATION
In each instance of Licensee's reproduction, use, publication, and/or display of the images under or in connection with this agreement, Licensee shall post a photo credit consisting of "Photo by [YOUR NAME], [YOUR URL]." In cases in which Licensee uses several images in immediate proximity, a single photo credit per viewable page shall fulfill this photo credit requirement. "Viewable page" means one physical page-side in print, or one collection of images viewable without additional navigation or mouse-clicks, aside from scrolling, online."
In lieu of photo credits, Licensee may instead pay Photographer in the amount of [$xxx] per [time period, e.g., month or year] per image used online, [$xxx] per 10,000 copies (rounded up) per image used in printed promotional materials such as brochures, fliers, and magazines, and [$xxx] per image used in interior or exterior displays, advertisements, billboards, or other publicly viewable displays....Show more →
You'd also need other sections, such as a statement about jurisdiction and arbitration, recovering fees and court costs if the Licensee breaches the agreement, and so on.
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