Help/advice required with a model releas form.

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stellarbeam

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Name
Jessica
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I'm hoping someone can give me some advice on the following:

I'm due to photograph a (currently unsigned) band on Thursday. I am not being paid for it as I have offered my services for free so that I can build up some experience. However I understand it's important to have a model release form.

How do I word it so that my photos can be used for non-profit making use, i.e. for use on their myspace site etc but not for CD's etc.

I also want to word it so that it is clear that these images will be used on my website / for promoting my photography. But that I will not be selling these images in any form.

Any advice greatly appreciated.

Jessica
 
Hi Jessica, I'd like to post you some links but I really need to get to bed, I have an early start in the morning!

So in the absence of a decent reply, google "Model release" and there are plenty of downloadable ones that mean you don't have to write one.

Or you could use the search facility on here, I'm sure this will have been covered at some time.

Good luck with it.
 
Thank you for the reply (I should be getting to bed too, lol) I did a quick google search, but all the stuff I was finding seemed to cover saleable images. And when I did a search on here I couldn't do a phrase search, meaning most things that came up were to do with cable releases, lol.

I suposse I could manage writing my own, I'm just panicing I'll get it wrong, or miss something out.
 
write one NOW - and maybe post it for comments/additions - hopefully ending with a release covering everything you need?
 
awp said:
write one NOW - and maybe post it for comments/additions - hopefully ending with a release covering everything you need?
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I'll write one as soon as get home from work tomorrow. If I don't go to bed now I may fall asleep at my desk tomorrow, lol

Thank you
 
the aop has some decent ones for download, cant remember how to get to them thou and i too need sleep, you might be best off havin a model release and a useage rights form, just makes things a bit clearer sometimes cos you can just put an 'x' in the box of the options you want it to include and then get their signature, then everyone know where they stand
good luck!
 
Just another thought - if you only want them to use the pics on a website and not print - then make sure you only supply 72dpi jpegs at maybe 600 px wide - then they'll be fine for web but not high enough quality for printing.
 
As I understand it, a model release states what *you* can do with the images, not them. I'm not saying you shouldn't have one, because you should (assuming you may want to use the images commercially at some point), but you don't need one to control what the band can use them for. Without a release the bands have no right to the images, and you're just allowing them limited use on the net.
 
Eh? Really? If the contract is clear, why is that the case?
 
cableliquid said:
please bare in mind a legal binding model release form HAS TO have been seen by a lawyer/solicitor to make it legal binding. otherwise it will not hold up in court if anything was to go wrong.
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Where on earth did you get that from - your lawyer? :)
 
i work as a proffesional tog and with any model release form this is true, the ones on the tinterweb will have been checked already if they are from a creditable site so you wont have any problems just changing the names etc however to write one from scratch it is not legally binding. i have taken people to court before because they basically crapped on the contract and due to it being seen and confirmed before they signed it i won.
 
You learn something every day! Not something I use often myself - but useful to know.
 
Eeek! I'm getting more confused by the minute. I've only just been able to get online (half 10 at night) so am just reading through all the messages.

yourapocalypse said:
As I understand it, a model release states what *you* can do with the images, not them. I'm not saying you shouldn't have one, because you should (assuming you may want to use the images commercially at some point), but you don't need one to control what the band can use them for. Without a release the bands have no right to the images, and you're just allowing them limited use on the net.
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Do I not need a form stating what they can and can't do with the images?
 
basically the easiest way of stating this is a model release form is for YOU. not for them, when they sign it all it means is you can do what is stated on the form as much as you like, so if you want to see or print these images you state that. They dont have a right to anything its them giving you permission to document them. if they are under 18 they need a parent or guardian to sign it.
 
stellarbeam said:
Do I not need a form stating what they can and can't do with the images?
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No. Without a form they can do nothing with the images *without your permission*. Without the form, you can give them informal permission to use them, but overall control and copyright of the images remains with you.

You only need the form if *you* want the images used commercially.
 
cableliquid said:
i work as a proffesional tog and with any model release form this is true, the ones on the tinterweb will have been checked already if they are from a creditable site so you wont have any problems just changing the names etc however to write one from scratch it is not legally binding. i have taken people to court before because they basically crapped on the contract and due to it being seen and confirmed before they signed it i won.
Click to expand...


That is absolute rubbish and shows a complete lack of understanding of contract law. A verbal contract is legally binding, the problem lies in the fact that they are very hard to enforce. Any written contract is legally binding provided there is consideration on both/all parties and that its terms do not conflcit with current legislation e.g. the Unfair Contract Terms Act 1977. It might be recommended that a lawyer passes his or her eyes over a contract beforehand, but there is no requirement whatsoever for a contract to have been seen by a lawyer prior to its agreement.

Now, with regard to the OP, you don't need a model release form if your photos are solely for portfolio or editorial use. It's when it comes to using the images for commercial purposes e.g. advertising, illustration, etc that a model release form is recommended/required. Think about it, do you think the paps get a model release fomr every time they shoot a celeb stumbling blind drunk out of a night club at four in the morning?
 
NorthernNikon confirms what I thought was the case :)
 
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