Archive 2013 · Model release input

life11235
Offline
•
Upload & Sell: Off

p.1 #1 · p.1 #1 · Model release input

Hey everyone!

I was hoping to get some input from other photogs on a matter. I do photography for fun primarily and for the most part that's my only real interest. I'd like to believe I'm capable of professional quality work, however I don't consider myself a pro.

I recently was contacted by someone I shot with, who signed a model release. They're in the process of signing with an agency and they want me to talk with their lawyers who want me to release the rights on some of the photo's. (Specifically they don't want me to be able to sell them.)

Like I said, this is just something I do because it brings me personal enjoyment, I'm not looking to make tons of money, but I don't want to give up too many rights I have since this was a TFCD arrangement.

What things do you guys think it's important to have and hold on to in your model releases and what things should I not stress about? I'd like to avoid a lawyer on my end, but I'll get one if needed.

Any input is appreciated and welcome. Thanks!

Mar 14, 2013 at 04:48 PM

friscoron
Offline
• • • • •
Upload & Sell: On

p.1 #2 · p.1 #2 · Model release input

Well, the only way you can sell these photos of her is if she signed a release allowing you to do it. So you don't really have any rights to do anything commercially with those photos. However, if you sign a release giving her the rights to the photos, then she can sell them if she'd like (if you gave those kinds of rights). I'd just be careful about what you're signing. If a person who did a TFCD shoot with me called me a year later and said she wanted the rights to the pictures, she could have them. But she'd have to pay me for that.

Mar 14, 2013 at 04:57 PM

life11235
Offline
•
Upload & Sell: Off

p.1 #3 · p.1 #3 · Model release input

Yeah, you nailed it right there actually. That's exactly what they want, they don't want me to be able to sell the photo's.

It was pretty clearly defined as a TFCD type scenario who's use would be for advertising on my part, and I have a model release in place that is signed that gives me all rights to the photo's, defining allowable use on their part as personal facebook/social media, and for use in their modeling portfolios.

I'm just trying to decide what rights I need to not budge on, and what I'm okay giving up. This is a good friend, and I'm exciting they're signing with an agency, but at the same time don't want to screw myself over in the process lol.

Mar 14, 2013 at 05:00 PM

DaveOls
Offline
• • • •
Upload & Sell: Off

p.1 #4 · p.1 #4 · Model release input

Maybe you should put your copyright logo across the pictures so that you get some credit for the shots.
Also get a cash settlement for the release of the images.

Mar 14, 2013 at 08:04 PM

Corey Jenkins
Offline
• •
Upload & Sell: Off

p.1 #5 · p.1 #5 · Model release input

He who has the copyright has the power. And if you have a signed model release double power. I would try to avoid signing away your copyright unless they are paying you properly. (look it up, its way more than you think probably)

If the model already signed a release you have the ball in your court. Talk to the agency about a buyout of the image if thats what they want. (giving away the copyright) This would be my guess as to what they would want so no one can license the images of their model with out paying the agency first. If they arnt game on that you really arnt breaking any rules if you sell 10,000 copies online or showing the image in your portfolio as you do have a properly signed model release.

If the agency doesnt want to pay and you dont want to loose rights of the image then just dont sign anything. Like I said this is in no way your issue. More of a matter between the model and agency. Maybe if the agency doesnt want to pay you talk to them about getting a deal where you can do test shoots with their models as a trade for you signing their papers. This is a win win situation and could save you lots of money on models!

Ran into a situation today where two models agreed to sign releases a week ago and then find out their agency wont let them unless I pay the agency 400 dollars a person last night. So after hours of planning, phone calls, location scouting, and prepping I wont be able to sell them as stock images like I intended too. But hey got to try some new lights modifiers out and learned a few things

Anyway sorry for the long response but I hope some of it helps! I'm a bit worked up with the subject as I have been dealing with model release / agency issues the past 24 hours.

Mar 15, 2013 at 12:52 AM

jefferies1
Offline
• • • •
Upload & Sell: Off

p.1 #6 · p.1 #6 · Model release input

Sounds like you got a chance to turn a free shoot into a paid one. I would take the money unless you really think the model is going places fast then if you have something unique it might sell. what is your price per image. Lets say $150.00 for a finished image x 50 on a CD...$7500.00 to buy you out plus full rights to sell x 2 so around $15,000.00 for the future star. If you wonder where I ger the $150.00 from . That is what I get for a finished 8x10 on CD with print /promotional use rights...no rights to sell.

Mar 15, 2013 at 11:18 AM

elliotkramer
Offline
• • •
Upload & Sell: Off

p.1 #7 · p.1 #7 · Model release input

"Well, the only way you can sell these photos of her is if she signed a release allowing you to do it."

I believe that if the model becomes famous, you would be able to sell the photos without a release as she would no longer be considered to have an expectation of privacy. Nobody gets permission from prince Harry or Lindsay Lohan to publish their pictures and get paid. But I am not a lawyer.

Mar 16, 2013 at 09:25 PM


FM Forums \| People Photography \| Join Upload & Sell

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.