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The Importance of Model Releases, and Other Documents

What I am doing with my blogs are the following, I am alternating them. So in other words I write one that is fun,and goofy, then I will write the next one that is relevant to the Photographic Community, or I will share my experiences with Photography. So for this blog I want to outline the use of documents, and how doing this task will make your life so much easier, in particular if you are planning on selling or displaying any images. By the way if I do sell the images I usally work out some compensation share with the model, that would be a separate agreement.

When I started in Photography I was about 13 years old, yes quite a while ago. I would shoot any and everything. My foot, my cat, an ant! When I got to high school I started shooting more and more images of people, but never gave any thought to getting a model release , since at that time it was for fun, and I really had no intention of actually selling images. At some point I started reading many books on Photography, and not just the creative side, but the business side, and a book that I read explained why you might want to obtain a model release. So there it was , it seemed to make sense and at 17 years old I started having folks sign model releases. I still did not understand fully why but it seemed to make sense. So why would you want a release? Below I have a real life story that hopefully illustrates the point.

The image below you can see is my very first model release, yes the very first one! I was looking for something in one of my old camera bags and came across it. As you can see it is dated 1983! I was actually blown away to find this, since I could actually smell the mountain air when I saw it, as you will see later, it was actually signed in the Great Rocky Mountains right before the shoot.

(you will have to see my other blog for the image trunion.wordpress.com)

Why is this a big deal? Well other than the novelty that it is 25 years old?

Well here's why , the image below is the image I shot that day, just think had I not gotten that release way back then, I would not be able to effectively sell this print. I mean sure the first thing one might think is, the man in the image is dead and gone now, but he does still have heirs and I am sure they would not appreciate an image being published and sold if they were not sure he had agreed to it.

(you will have to see my other blog for the image trunion.wordpress.com)

Just a quick note off the topic of forms. This image was shot in the mountains of Colorado. The gentleman and I spent the day, driving up to the mountains searching for the perfect spot. It is funny to look back and think about what I know very well today. Then it was just a feeling. I mean I sort of knew what I wanted to shot, in my minds eye, but not quite. Today I can see exactly what I want the image to look like in my mind, so I guess you could say I have honed that skill. Anyway we find this old church right off of I-70 , and we pull off the road, I setup my tripod and had him do some poses. I knew I wanted some double exposures but I really did not think it to the end, since on the original image the man's shadow is visible. A double exposure for those who may not know was two images shot on the same frame of film, which in those days required you to use a special button on the camera not to advance the film. Over the years folks who have seen the image have always commented why does the ghost have a shadow? In those days if you wanted to get rid of a shadow you had to get the image printed and airbrushed. Airbrushing was pretty expensive especially if you were 17. I mean my Mom sure could not afford it since she was a single parent!

Well welcome to the new world ! I had the original image scanned (the negative is long gone now) The image was actually in pretty bad shape since it has followed me throughout my multitudes of moves. The print had been mounted, was torn, old and was fading. Once it was scanned , the scanning company cleaned up the bulk of the flaws, bringing a 25 year old photo back to life, and into the digital age , it was a whole new image! I then took it into Photoshop and got rid of that pesky shadow, once and for all. That darn shadow had bothered me every time I would look at the image. I changed up the colors, added some effect and even added another ghost. The other ghost is very subliminal. It will drive you crazy if you look for it.

So back to the topic, had I not gotten that release 25 years ago, it would have been a nice image to hang on my wall and that is about it.

At the end of this blog there is a sample of a release ,please feel free to copy and use it as your own. Today the primary reason I get a model release is to obviously use them whenever I need to without someone having an issue with it.Think about how ardous that would be. I have images on over hundred websites, can you imagine if I had to track someone down each time I put one up? The other reason, really is to avoid any misunderstandings between the model and I. Last weekend I had a young man, who wants to be a model, setup a time with me to shoot. He and his girlfriend came to the studio, and as my wife gave them the release , they started reading it, and between the young man and his girlfriend they decided it was not for him. I am actually not sure why, but they had an issue with the stock photo use and wanted guarantees that the images would not be used in certain areas, for example an STD commercial. When I told him once I upload the image to any of the stock photo companies, (including mine that will be online soon at kachoozie.com), I really have very little control over the images , for some of them I don't even know where they end up. So in the end both of them decided to pass, I think it was a little foolish since I was doing this for TFCD, which is trade for CD , and essentially was no cost to him, so it would have been a great way to help him get started. I mean who cares where it ends up. The message here is, had I not used that form, and went ahead and did the shot, then uploaded those images( most stock photo companies wont even accept an image of a person without the release anyway) and the young man saw his face on a crooked teeth commercial or something, he most likely would have sued me. The shoot would have been a waste of time for him and I.

The other form I use when I shoot TFCD is specifically for that. When I first got back into shooting, I would shoot the models, and on both sides the expectations of what I am going to deliver were sometimes off, and on a few occasions I had some heated email exchanges due to this. Many young models want all the RAW images, and I wont give them those, since some are obviously rejects and really are worthless. I don't really want any bad images out there, since it is a poor refection on the model and me. So I decided to have the model read and sign the TFCD form. So when the model calls me a week later wanting all the Raw images, I just refer back to the form they signed and most times that is the end of it. On occasion I have a model that wants to do something different, but I still have them note that on the TFCD agreement then it avoids any he said , she said issues. We both sign the document and we give them a copy, or we will scan it and email it to them. For some I just need to get them to actually read it! So what we literally do prior to the shoot, is sit them down, give them the forms, and have them read them thoroughly. For the most part this has been an effective method and both parties to the agreement leave the shoot happy. There are always the minority that you just can't please, but at least you don't go into a shoot with them and end it there.

Below is the form I use, it is allot prettier and has my studio name on it, but you get the point. By the way I do retain the rights in particular if the shoot is TFCD. If the model is paying for the shoot I have a modified form that gives the model and I shared rights. I think that is fair.We also require the model to present a valid id, since you never now how old they are. We did have a young lady that was 15, but really looked 20, if we did not require id the agreement would have been void since she was underage. In that situation, as you can see we have an area for the parent or guardian to sign.

Model Release
For good and valuable Consideration herein acknowledged as received, and by signing this release I hereby give the Photographer/ Filmmaker and Assigns my permission to license the Images and to use the Images In any Media for any purpose , which may include, among others, advertising, promotion, marketing and packaging for any product or service. I agree that the Images may be combined with other Images, text and graphics, and cropped, altered or modified. I acknowledge and agree that I have consented to publication of my ethnicity's) as indicated below, but understand that other ethnicity's may be associated with images of me by the Photographer/Filmmaker and/or Assigns for descriptive purposes. I agree that I have no rights to the Images, and all rights to the Images belong to the Photographer/Filmmaker and Assigns. I acknowledge and agree that I have no further right to additional Consideration or accounting, and that I will make no further claim for any reason to Photographer/Filmmaker and/or Assigns. I acknowledge and agree that this release is binding upon my heirs and assigns. I agree that this release is Irrevocable, worldwide and perpetual,I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this release. Definitions:
"Model" means me and includes my appearance, likeness and form. "MEDIA" means all media including digital. Electronic, print. television, film and other media now known or to be invented. "PHOTOGRAPHER/FILMMAKER" means photographer, illustrator, filmmaker or cinematographer, or any other person or entity photographing or recording me.
"ASSIGNS" means a person or any company to whom Photographer/ Filmmaker has assigned or licensed rights under this release as well as the licensees of any such person or company.
"IMAGES" means all photographs, film or recording taken of me as part of the Shoot.
"CONSIDERATION" means something of value I have received in exchange for the rights granted by me in this release.
"SHOOT" means the photographic or film session described in this form. "PARENT" means the parent and/or legal guardian of the Model. Parent and Model are referred to together as "we" and "us" In this release.

Photographer/Filmmaker Information

Name
Address
Shoot Date _
Shoot Description/Reference _
Signature _

Date _

Witness (NOTE: All persons signing and witnessing must be of legal age and capacity in the area in which this Release is signed. A person cannot witness their own release)

Name(print)

Signature

Date

Model Information:

Name (print) ___________________________

Address

City State/Province______

Country Zip/Postal Code_____

Phone

Email_________________________________

Date of Birth____________________________

Signature ______________________________

Date ______________________________

_
Parents (Guardians)
lf person is a minor or lacks capacity in the jurisdiction of residence.) Parent warrants and represents that Parent is the legal guardian of Model, and has the full legal capacity to consent to the Shoot and to execute this release OF ALL RIGHTS IN MODEL'S IMAGES.
Name (print) ___________________________

Address_______________________________

City State/Province______

Country Zip/Postal Code _____

Phone_________________________________

Email_________________________________

Signature _____________________________

Date _________________________________

Below is the form I use for TFCD, I actually call it TFD, which is download, since I offer a service that allows the model to download the images from home. That saves me a ton of work, since I don't have to deal with burning a CD, then mailing it. One RAP star I shot, I sent him the CD, then he lost it, I sent him another, it got broken in the mail, finally he got the third one. What a pain, that is why I went to the download service, it is well worth it! Please feel free to copy these forms and use them in your own shoots.

TIME FOR (Download/Images) AGREEMENT

XXXXXX (hereinafter referred to as “Photographer”) agrees to provide the Model with image files containing certain photographs taken during the modeling session.

The Model is authorized to use the images for self promotion in the Model’s printed portfolio only. The Model is prohibited from using the full resolution images in any other media or print. On-Line usage, to be used for Model portfolio only. Under no circumstance may any images be used for any commercial purpose.

From each set photographed, 10 to 100 (The average being around 15) full resolution images,containing the Photographer’s watermark identifying the photographer or the Photographer’s company will be provided to the Model. The images may be re-touched. Any necessary alterations to the images will be performed solely at the Photographer’s discretion, And By the Photographer Only. Raw untouched images will not be provided. Unused/Rejected images will be deleted and not shared with the model.

The Photographer agrees to provide the Model with the above mentioned images via the Internet. A Link to a website will allow download all the images provided for approx 2-3 weeks after the shoot. A CD will not be provided by the Photographer. Images will be provided within 60 days of shoot.

The Model agrees not to alter or change the images in any way without express written consent of the photographer. All changes or alterations to be made by the photographer NOT the Model, or a third party

Both parties affirm that they are over the age of majority and have the right to contract in their own names. Both parties have read the above agreement, prior to its execution. Both parties fully understand the contents thereof.

Photographer:
Signature: ___________________________________________ Date: ____________

Model:
Signature: ___________________________________________ Date: ____________