Tuesday, April 27, 2010

Model Release: Legal stuff

I bought a book recently which I highly recommend "Business and Legal forms for Photographers" by Tad Crawford. Good investment at my regular Barnes&Nobles. (Oh! How I love this store!) In this incredible book, a CD is also added to the combo and the CD has a lot of documents in which you can base your own model releases in. It is an incredible tool that helps you out with the main ideas or the main structure the model release should have.

As a lawyer, one must never forget the importance of legal documents. In this case, I want to talk about the model release.
Talent/Model release is basic and a document you should keep with your files for the production and after production.
Items to write and NEVER forget:
1. Name of Project: As simple as it sounds, "Photo shoot for Fashion Magazine on June 2010 Issue"
2. Industry: Fashion Magazine
3. Usage and Territory: THIS IS JUST A VERY SELFISH EXAMPLE! "Unlimited Usage within the United States. Unlimited exclusive advertising and promotional rights and usage in any and all print for an unlimited time. Includes entire body of works. All images, including outtakes, may not be sold as stock until all usage expires. Client reserves first option of reuse upon expiration of current rights. Artist retains self-promotion rights forever, as 
does the agency. Total buyout of rights, usage and copyright. Artist retains self-promotion rights". And when I say selfish it is due the generality of the paragraph however, you may specify what it is for, the time that you will use it and where.
4. Compensation: Amount to be delivered to the talent in numbers and in written letters.
5. Agreement: Signatures of the talent, the agency and the photographer.

If the model is represented by a talent agency, consider that the talent agency should have a POA (Power-of-Attorney) to sign the release. Be sure to have a copy of the executed release and give one to the final client and keep also one for your records. Always!

One more thing....stock photographers: Do not forget when taking a photo when you have a model in it and you plan to sell it as a stock photo. Sign the model release!

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