Model release for magazine shoot

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dacc111
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p.1 #1 · Model release for magazine shoot

I will be shooting for a magazine this weekend. The article is on a popular recording artist. I am unsure how the model release is handled in this situation. We will be interviewing before the show and shooting the performance. Is this something handled by writers and or editor? They are looking to hire me full time so I feel this is a working interview and am not sure if they are expecting me to know this or not.

Aug 20, 2008 at 11:37 PM

Taylor Barrett
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p.1 #2 · Model release for magazine shoot

If its a big magazine, they should have a legal staff that takes care of matters like these - staff photographers aren't expected to be lawyers.

Aug 21, 2008 at 12:07 AM

dacc111
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p.1 #3 · Model release for magazine shoot

This is what I thought but did not want to just assume it is taken care of.

Thanks!

Aug 21, 2008 at 12:11 AM

jonk
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p.1 #4 · Model release for magazine shoot

magazines are editorial and thus do not require a model relaease. Now if it's for and advertisement to be used in a magazine then you would. But based on your point about interviewing, it would fall under editorial

Aug 21, 2008 at 02:34 AM

xof711
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p.1 #5 · Model release for magazine shoot

As a rule of thumb and for my own records/protection, I always have my models sign a release... You might be able to use some photos for another client/stock agency!

---
http://digitalfreak.net

Aug 21, 2008 at 03:16 AM

dacc111
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p.1 #6 · Model release for magazine shoot

All good info thanks.

Aug 21, 2008 at 02:03 PM

tcphoto
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p.1 #7 · Model release for magazine shoot

I hope that you have your paperwork together between you and the magazine. They have first use of the images but you can submit them for Stock after it hits the news stand. It's best to get a release, if you don't you can not use them for Advertising applications.

Aug 21, 2008 at 02:27 PM

Craig Gillette
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p.1 #8 · Model release for magazine shoot

Yes, your contract with the magazine should be clear as to your rights in this. If you haven't seen or reviewd the contract they will have with you, find out now. They may show up with a "work for hire" contract and you will have no rights, or perhaps better, perhaps worse, there is no contract and all parties are chasing their tales. Likewise, the "subject" may already have come to terms with the magazine and isn't going to entertain some side release for a photo op with the photographer.

You might want to have some releases which cover different scenarios or be willing to alter a standard release if the opportunity arises, the artist may be willing to entertain some limited uses for your own promotion but might be closely controlling his own marketing and not be amenable to blanket release for other uses, stock, etc.

Aug 21, 2008 at 04:34 PM

markle
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p.1 #9 · Model release for magazine shoot

this sounds like editorial and your position sounds like a work for hire.

in any case the responsibility of a release (from both the photographer and the model) is up to the publisher. In other words the publisher publishes, not the photographer.

that to be clear about it in general

for commercial work in case of no release and yet published material the photographer and the model will sue (meaning money) the publisher

the photographer files the releases for his own commercial work (or stocks) but again the responsibility goes to the publisher publishing it. For ads even a release collected by the photographer may be re-negotiated by the model (and the photographer) depending on the use and diffusion, for example.

let me put is this way: if I shoot 200 pictures of somebody and never publish I did nothing wrong. The moment they get published then the rights to copy (or privacy) come to play against the publisher.
And unless the photographer is also the publisher then it won't be his direct responsibility. (but the publisher can refuse to use any material with no release, obviously)

with the only exception of a work for hire contract the photographer always holds the rights for whatever produced by his camera. That's for sure. The model may complain about a published image (if it was editorial, commercial etc.) but the photographer will be always in the power of suing for anything published and not released (no matter what, unless it was a work for hire situation).

Aug 22, 2008 at 10:04 AM

shatterkiss
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p.1 #10 · Model release for magazine shoot

markle wrote:
this sounds like editorial and your position sounds like a work for hire.

There's really no such thing as "sounding like work for hire" in the US - it's either contractually-specified or it isn't work-for-hire. As photographers, copyright law is in our favor in a lot of ways and grants us certain rights that remain ours unless we agree to something different.

Aug 22, 2008 at 12:33 PM

markle
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p.1 #11 · Model release for magazine shoot

shatterkiss wrote:
markle wrote:
this sounds like editorial and your position sounds like a work for hire.

There's really no such thing as "sounding like work for hire" in the US - it's either contractually-specified or it isn't work-for-hire. As photographers, copyright law is in our favor in a lot of ways and grants us certain rights that remain ours unless we agree to something different.

that's exactly what I said and we are discussing releases

in any case if I work for hire I couldn't care less of the releases while if I provide my material the publisher could refuse it if there is no release. the difference is a formality but it may make a difference (to me). that said I never work for hire (only once, many years ago and I'll never do it again).
P.S.: I said "publisher" and not "editor" for a reason

Edited on Aug 22, 2008 at 07:36 PM

Aug 22, 2008 at 07:29 PM


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