Archive 2014 · One Time / Catch-All / in Perpetuity Release?

PatRat
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p.1 #1 · p.1 #1 · One Time / Catch-All / in Perpetuity Release?

I photograph a lot of surfers and it's a pain to run them all down after a day of shooting.

Can a release be worded such that:

any and all photos that the photographer has or may take of me or in which I appear are covered?

Would such wording (or similar) cover everything (in perpetuity)?

These guys love photos and it would be nice to be able to send them stuff without having to always sit down after a shoot and have a new release signed.

If they'd rather do a "per-shoot" release that's fine but it will hold up releasing any photos to them..

Anybody have any terminology to cover such (or input)?

Thanks!

Jul 07, 2014 at 07:45 AM

cwebster
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p.1 #2 · p.1 #2 · One Time / Catch-All / in Perpetuity Release?

Why do you need releases in the first place? Do you plan to sell the photos as stock? Or to use them for commercial (advertising) purposes?

If you are just taking photos for editorial (magazine/newspaper) or fine art (print sales) you don't need releases. And in reality you the photographer don't need the releases, it's the publisher who needs them, but it usually falls on the photographer to obtain them.

<Chas>

Jul 07, 2014 at 10:15 AM

PatRat
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p.1 #3 · p.1 #3 · One Time / Catch-All / in Perpetuity Release?

Definitely not interested in selling them as stock...
I am thinking about doing a book (local sales only) and just wanted a CYA release...

I'm so used to shooting models and getting releases I'd rather play it safe.

I'm interacting with the surfers and just wanted to trade a release for hi-res images
and since I may shoot them over and over a "once and for all" release makes life easier for everyone..

Some of the surfers are minors too so that gets thrown into the mix...

Jul 07, 2014 at 01:02 PM

tsaphoto
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p.1 #4 · p.1 #4 · One Time / Catch-All / in Perpetuity Release?

As a surfer and a lawyer, I wouldn't worry too much about it.

Jul 08, 2014 at 01:31 AM

PatRat
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p.1 #5 · p.1 #5 · One Time / Catch-All / in Perpetuity Release?

I understand that the beach is a public place.
So, I can photograph surfers who are clearly recognizable in the photos and sell
those photos as fine art or in a book without a signed release?

I have no problem admitting ignorance in such matters...

Thanks for the input!!

Jul 08, 2014 at 07:24 AM

PatRat
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p.1 #6 · p.1 #6 · One Time / Catch-All / in Perpetuity Release?

This is a different situation but is somewhat similar..
(which is why I ask)

http://asmp.org/tutorials/property-and-model-releases.html#.U7vkZ7FNz5w

In the Nov. 22, 1999, edition of the New York Observer, an article relates that Peter Beard was threatened with a lawsuit for a photo he’d taken a dozen years earlier. In 1987, Beard had photographed a 17-year-old girl near Lake Rudolph in Kenya. But by 1997, that girl had moved to Los Angeles, where she was waiting tables and looking for work as a model. A New York friend called to tell her that a SoHo gallery was selling her picture for thousands of dollars. She reacted by hiring a lawyer and demanding $50,000 plus 15 percent of Beard’s sales. (It appears that the matter was settled out of court, so we don’t know what really happened.)

Jul 08, 2014 at 07:47 AM

Arun Gupta
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p.1 #7 · p.1 #7 · One Time / Catch-All / in Perpetuity Release?

PatRat wrote:
This is a different situation but is somewhat similar..
(which is why I ask)

http://asmp.org/tutorials/property-and-model-releases.html#.U7vkZ7FNz5w

In the Nov. 22, 1999, edition of the New York Observer, an article relates that Peter Beard was threatened with a lawsuit for a photo he’d taken a dozen years earlier. In 1987, Beard had photographed a 17-year-old girl near Lake Rudolph in Kenya. But by 1997, that girl had moved to Los Angeles, where she was waiting tables and looking for work as a model. A New York friend called to tell her that a SoHo gallery was selling her picture for thousands of dollars. She...Show more →

An update on that case from 2011.
http://www.adweek.com/news/press/photog-sued-topless-muse-131192

" In 1999 she claimed that she was never compensated for the use of the photo—shot on the banks of Lake Rudolph in Kenya.

That case settled, allowing Beard a 10-year license of the shoot, which expired last year, in exchange for an undisclosed amount of money.

Tall says that, despite the expiration of the license agreement, Beard continues to sell the now-famous shot and wants $1 million in compensation."

Jul 08, 2014 at 09:42 PM


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