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Re: Model Releases

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  • Amanda
    I think your best bet is to put the release -along with a stamped return envelope- in with the prints that you send out. That way, if they want to sign it,
    Message 1 of 13 , Oct 1, 2007
      I think your best bet is to put the release -along with a stamped
      return envelope- in with the prints that you send out. That way, if
      they want to sign it, they can easily get it back to you. Maybe
      write a little note along with it as a personal touch explaining that
      a release would allow you to use these "beautiful images of your
      dog/companion" for marketing reasons. To keep track of each release
      belonging to which images, maybe hand write the date and image #'s on
      the bottom of the release before you mail/hand it out.

      I think that having them jump through any hoops like printing it out
      and mailing w/ their own stamps and envelopes would turn them off to
      signing it.

      Another thought would be to get quick releases printed on business
      cards that you can keep with you and have them sign right when you
      are taking the photos. Just make sure you have a way to keep them
      all straight as far as what release is for which dog.

      Amanda McConnaughey
      www.mcconnaugheyphoto.com

      --- In photographic-techniques@yahoogroups.com, jophillips@... wrote:
      >
      >
      > Hello,
      >
      > If I wanted to send my customer a model release via email
      following a sale,
      > have them fill it out online and then email it back to me, does
      anybody know
      > how to do that? As I was sitting here pondering how best to do
      this ongoing
      > process, I thought about that option. Basically, when somebody
      orders
      > something from my photography website, I send them an email
      thanking them for the
      > order. At that point I would like to attach a model release with
      the document.
      > If they want to print it out and mail it back, they can do that.
      If they want
      > to fill it out online, and email it back to me, that would be even
      better. I
      > can print it from there for my files.
      >
      > Does anybody know how to do that? Thanks.
    • J Bryan Kramer
      OK let me start this by pointing out that I m not a lawyer. But a release is a contract and a contract is not valid unless there is an exchange of valuable
      Message 2 of 13 , Oct 1, 2007
        OK let me start this by pointing out that I'm not a lawyer. But a release
        is a contract and a contract is not valid unless there is "an exchange of
        valuable consideration". So unless the person signing the release get
        something in exchange, and a free copy of the shot doesn't count, then the
        release could be challenged.

        BK

        On 10/1/07, Amanda <rosebud_ae@...> wrote:
        >
        > I think your best bet is to put the release -along with a stamped
        > return envelope- in with the prints that you send out. That way, if
        > they want to sign it, they can easily get it back to you. Maybe
        > write a little note along with it as a personal touch explaining that
        > a release would allow you to use these "beautiful images of your
        > dog/companion" for marketing reasons. To keep track of each release
        > belonging to which images, maybe hand write the date and image #'s on
        > the bottom of the release before you mail/hand it out.
        >
        > I think that having them jump through any hoops like printing it out
        > and mailing w/ their own stamps and envelopes would turn them off to
        > signing it.
        >
        > Another thought would be to get quick releases printed on business
        > cards that you can keep with you and have them sign right when you
        > are taking the photos. Just make sure you have a way to keep them
        > all straight as far as what release is for which dog.
        >
        > Amanda McConnaughey
        > www.mcconnaugheyphoto.com
        >
        > --- In photographic-techniques@yahoogroups.com, jophillips@... wrote:
        > >
        > >
        > > Hello,
        > >
        > > If I wanted to send my customer a model release via email
        > following a sale,
        > > have them fill it out online and then email it back to me, does
        > anybody know
        > > how to do that? As I was sitting here pondering how best to do
        > this ongoing
        > > process, I thought about that option. Basically, when somebody
        > orders
        > > something from my photography website, I send them an email
        > thanking them for the
        > > order. At that point I would like to attach a model release with
        > the document.
        > > If they want to print it out and mail it back, they can do that.
        > If they want
        > > to fill it out online, and email it back to me, that would be even
        > better. I
        > > can print it from there for my files.
        > >
        > > Does anybody know how to do that? Thanks.
        >
        >
        >
        > Photographic Techniques
        > Yahoo! Groups Links
        >
        >
        >
        >


        --
        J Bryan Kramer
        North Florida, USA
        photos at:
        http://pbase.com/photoburner


        [Non-text portions of this message have been removed]
      • Baume FotoArte
        sounds like there is some confusion--forgive me if I m wrong, however, I was under the impression that the release is merely used to obtain and document
        Message 3 of 13 , Oct 2, 2007
          sounds like there is some confusion--forgive me if I'm wrong, however, I was under the impression that the release is merely used to obtain and document permission to use someone's likeness (person's recogizable face) in print or media?

          ...And...that a contract is different and much more complex than a release in that it can stipulate rights of both parties and who will provide what to whom and when and for how much. Wedding and event photographers could probably explain it best the use of contracts.

          I've been using contracts to specify the rights of models I shoot to usage of my images. I use a release when I send pictures to a newspaper.



          J Bryan Kramer <codeburner@...> wrote:
          OK let me start this by pointing out that I'm not a lawyer. But a release
          is a contract and a contract is not valid unless there is "an exchange of
          valuable consideration". So unless the person signing the release get
          something in exchange, and a free copy of the shot doesn't count, then the
          release could be challenged.

          BK

          On 10/1/07, Amanda <rosebud_ae@...> wrote:
          >
          > I think your best bet is to put the release -along with a stamped
          > return envelope- in with the prints that you send out. That way, if
          > they want to sign it, they can easily get it back to you. Maybe
          > write a little note along with it as a personal touch explaining that
          > a release would allow you to use these "beautiful images of your
          > dog/companion" for marketing reasons. To keep track of each release
          > belonging to which images, maybe hand write the date and image #'s on
          > the bottom of the release before you mail/hand it out.
          >
          > I think that having them jump through any hoops like printing it out
          > and mailing w/ their own stamps and envelopes would turn them off to
          > signing it.
          >
          > Another thought would be to get quick releases printed on business
          > cards that you can keep with you and have them sign right when you
          > are taking the photos. Just make sure you have a way to keep them
          > all straight as far as what release is for which dog.
          >
          > Amanda McConnaughey
          > www.mcconnaugheyphoto.com
          >
          > --- In photographic-techniques@yahoogroups.com, jophillips@... wrote:
          > >
          > >
          > > Hello,
          > >
          > > If I wanted to send my customer a model release via email
          > following a sale,
          > > have them fill it out online and then email it back to me, does
          > anybody know
          > > how to do that? As I was sitting here pondering how best to do
          > this ongoing
          > > process, I thought about that option. Basically, when somebody
          > orders
          > > something from my photography website, I send them an email
          > thanking them for the
          > > order. At that point I would like to attach a model release with
          > the document.
          > > If they want to print it out and mail it back, they can do that.
          > If they want
          > > to fill it out online, and email it back to me, that would be even
          > better. I
          > > can print it from there for my files.
          > >
          > > Does anybody know how to do that? Thanks.
          >
          >
          >
          > Photographic Techniques
          > Yahoo! Groups Links
          >
          >
          >
          >

          --
          J Bryan Kramer
          North Florida, USA
          photos at:
          http://pbase.com/photoburner

          [Non-text portions of this message have been removed]






          ______________________________
          Evan Baumhofer alias "Baume"
          http://www.pbase.com/baume_1/root&view=recent

          Heimbachstr 34A
          67716 Heltersberg
          privat 06333-602760
          mobile 01762-515-9492

          baume_fotoarte@...





          ---------------------------------
          Got a little couch potato?
          Check out fun summer activities for kids.

          [Non-text portions of this message have been removed]
        • Baume FotoArte
          I should probably clarify that I m in Germany I do some work in the German realm...and over here there is great distinction on the types of contracts and many
          Message 4 of 13 , Oct 2, 2007
            I should probably clarify that I'm in Germany I do some work in the German realm...and over here there is great distinction on the types of contracts and many people don't want to get caught up in contracts. Some things get lost in translation...a model release is indeed a contract. I didn't mean to add to the confusion. sorry...

            Baume FotoArte <baume_fotoarte@...> wrote: sounds like there is some confusion--forgive me if I'm wrong, however, I was under the impression that the release is merely used to obtain and document permission to use someone's likeness (person's recogizable face) in print or media?

            ...And...that a contract is different and much more complex than a release in that it can stipulate rights of both parties and who will provide what to whom and when and for how much. Wedding and event photographers could probably explain it best the use of contracts.

            I've been using contracts to specify the rights of models I shoot to usage of my images. I use a release when I send pictures to a newspaper.



            J Bryan Kramer <codeburner@...> wrote:
            OK let me start this by pointing out that I'm not a lawyer. But a release
            is a contract and a contract is not valid unless there is "an exchange of
            valuable consideration". So unless the person signing the release get
            something in exchange, and a free copy of the shot doesn't count, then the
            release could be challenged.

            BK

            On 10/1/07, Amanda <rosebud_ae@...> wrote:
            >
            > I think your best bet is to put the release -along with a stamped
            > return envelope- in with the prints that you send out. That way, if
            > they want to sign it, they can easily get it back to you. Maybe
            > write a little note along with it as a personal touch explaining that
            > a release would allow you to use these "beautiful images of your
            > dog/companion" for marketing reasons. To keep track of each release
            > belonging to which images, maybe hand write the date and image #'s on
            > the bottom of the release before you mail/hand it out.
            >
            > I think that having them jump through any hoops like printing it out
            > and mailing w/ their own stamps and envelopes would turn them off to
            > signing it.
            >
            > Another thought would be to get quick releases printed on business
            > cards that you can keep with you and have them sign right when you
            > are taking the photos. Just make sure you have a way to keep them
            > all straight as far as what release is for which dog.
            >
            > Amanda McConnaughey
            > www.mcconnaugheyphoto.com
            >
            > --- In photographic-techniques@yahoogroups.com, jophillips@... wrote:
            > >
            > >
            > > Hello,
            > >
            > > If I wanted to send my customer a model release via email
            > following a sale,
            > > have them fill it out online and then email it back to me, does
            > anybody know
            > > how to do that? As I was sitting here pondering how best to do
            > this ongoing
            > > process, I thought about that option. Basically, when somebody
            > orders
            > > something from my photography website, I send them an email
            > thanking them for the
            > > order. At that point I would like to attach a model release with
            > the document.
            > > If they want to print it out and mail it back, they can do that.
            > If they want
            > > to fill it out online, and email it back to me, that would be even
            > better. I
            > > can print it from there for my files.
            > >
            > > Does anybody know how to do that? Thanks.
            >
            >
            >
            > Photographic Techniques
            > Yahoo! Groups Links
            >
            >
            >
            >

            --
            J Bryan Kramer
            North Florida, USA
            photos at:
            http://pbase.com/photoburner

            [Non-text portions of this message have been removed]

            ______________________________
            Evan Baumhofer alias "Baume"
            http://www.pbase.com/baume_1/root&view=recent

            Heimbachstr 34A
            67716 Heltersberg
            privat 06333-602760
            mobile 01762-515-9492

            baume_fotoarte@...

            ---------------------------------
            Got a little couch potato?
            Check out fun summer activities for kids.

            [Non-text portions of this message have been removed]






            ______________________________
            Evan Baumhofer alias "Baume"
            http://www.pbase.com/baume_1/root&view=recent

            Heimbachstr 34A
            67716 Heltersberg
            privat 06333-602760
            mobile 01762-515-9492

            baume_fotoarte@...





            ---------------------------------
            Building a website is a piece of cake.
            Yahoo! Small Business gives you all the tools to get online.

            [Non-text portions of this message have been removed]
          • J Bryan Kramer
            Looking on Carol Wrights site she says that the consideration rule varies by state: While many states do not require consideration/payment for the release,
            Message 5 of 13 , Oct 2, 2007
              Looking on Carol Wrights site she says that the consideration rule varies by
              state:

              "While many states do not require consideration/payment for the release,
              some do. It doesn't hurt to include it. Make sure that then consideration is
              fair so that a court won't find your release invalid."

              <http://www.photoattorney.com/2005/10/10-tips-for-model-releases.html>

              Her site is well worth browsing for all sorts of info on photographers and
              the law.

              BK

              On 10/2/07, Baume FotoArte <baume_fotoarte@...> wrote:
              >
              > sounds like there is some confusion--forgive me if I'm wrong, however, I
              > was under the impression that the release is merely used to obtain and
              > document permission to use someone's likeness (person's recogizable face) in
              > print or media?
              >
              > ...And...that a contract is different and much more complex than a
              > release in that it can stipulate rights of both parties and who will provide
              > what to whom and when and for how much. Wedding and event photographers
              > could probably explain it best the use of contracts.
              >
              > I've been using contracts to specify the rights of models I shoot to
              > usage of my images. I use a release when I send pictures to a newspaper.
              >


              [Non-text portions of this message have been removed]
            • J Bryan Kramer
              OK, I was speaking of the US. And Carol Wright s site probably is a little use to you in that case. BK ... [Non-text portions of this message have been
              Message 6 of 13 , Oct 2, 2007
                OK, I was speaking of the US. And Carol Wright's site probably is a little
                use to you in that case.

                BK

                On 10/2/07, Baume FotoArte <baume_fotoarte@...> wrote:
                >
                > I should probably clarify that I'm in Germany I do some work in the German
                > realm...and over here there is great distinction on the types of contracts
                > and many people don't want to get caught up in contracts. Some things get
                > lost in translation...a model release is indeed a contract. I didn't mean
                > to add to the confusion. sorry...
                >
                > Baume FotoArte <baume_fotoarte@...> wrote: sounds like
                > there is some confusion--forgive me if I'm wrong, however, I was under the
                > impression that the release is merely used to obtain and document permission
                > to use someone's likeness (person's recogizable face) in print or media?
                >
                > ...And...that a contract is different and much more complex than a release
                > in that it can stipulate rights of both parties and who will provide what to
                > whom and when and for how much. Wedding and event photographers could
                > probably explain it best the use of contracts.
                >
                > I've been using contracts to specify the rights of models I shoot to usage
                > of my images. I use a release when I send pictures to a newspaper.
                >


                [Non-text portions of this message have been removed]
              • Baume FotoArte
                it s a little daunting to think about all the new rules I ll face when I move back. I lived in New Jersey before I moved here--what state has more regulation
                Message 7 of 13 , Oct 2, 2007
                  it's a little daunting to think about all the new rules I'll face when I move back. I lived in New Jersey before I moved here--what state has more regulation than Jersey?? LOL I mean my auto insurance policy was 35 pages long!!!

                  J Bryan Kramer <codeburner@...> wrote: OK, I was speaking of the US. And Carol Wright's site probably is a little
                  use to you in that case.

                  BK

                  On 10/2/07, Baume FotoArte <baume_fotoarte@...> wrote:
                  >
                  > I should probably clarify that I'm in Germany I do some work in the German
                  > realm...and over here there is great distinction on the types of contracts
                  > and many people don't want to get caught up in contracts. Some things get
                  > lost in translation...a model release is indeed a contract. I didn't mean
                  > to add to the confusion. sorry...
                  >
                  > Baume FotoArte <baume_fotoarte@...> wrote: sounds like
                  > there is some confusion--forgive me if I'm wrong, however, I was under the
                  > impression that the release is merely used to obtain and document permission
                  > to use someone's likeness (person's recogizable face) in print or media?
                  >
                  > ...And...that a contract is different and much more complex than a release
                  > in that it can stipulate rights of both parties and who will provide what to
                  > whom and when and for how much. Wedding and event photographers could
                  > probably explain it best the use of contracts.
                  >
                  > I've been using contracts to specify the rights of models I shoot to usage
                  > of my images. I use a release when I send pictures to a newspaper.
                  >

                  [Non-text portions of this message have been removed]






                  ______________________________
                  Evan Baumhofer alias "Baume"
                  http://www.pbase.com/baume_1/root&view=recent

                  Heimbachstr 34A
                  67716 Heltersberg
                  privat 06333-602760
                  mobile 01762-515-9492

                  baume_fotoarte@...





                  ---------------------------------
                  Pinpoint customers who are looking for what you sell.

                  [Non-text portions of this message have been removed]
                • kevinkeef
                  ... following a sale, I thought about that option. Basically, when somebody orders ... If I understand your ?? right, when you sale a photograph that belongs
                  Message 8 of 13 , Oct 2, 2007
                    > If I wanted to send my customer a model release via email
                    following a sale,

                    I thought about that option. Basically, when somebody orders
                    > something from my photography website,



                    If I understand your ?? right, when you sale a photograph that
                    belongs to you as a copy, then you do not send a model release with
                    the pic.

                    A model release is for the photographer,,you,, to keep in your
                    record's in case some thing come's up that you need to prove that
                    you have permission from anyone depicted on the pic to sale there
                    likeness.

                    A good release will have a lot of personel info of the model, to
                    include contact info, ie: address and phone#, and this info is
                    protected by the Privacy Act of 1974, and you could be held liable
                    for disclosing this info to third parties.

                    You should also have property releases for any pic of property that
                    is privetly owned, you do not need one for public land or building's.

                    Also be carefull of taking pics of Government property, always ask
                    before you snap a pic.

                    Hope this help's
                  • maria kruse
                    Whenever I take pet photos for people, they sign a release that a lawyer friend of mine vetted for me that states that I have all rights to reproduction of all
                    Message 9 of 13 , Oct 2, 2007
                      Whenever I take pet photos for people, they sign a release that a lawyer
                      friend of mine vetted for me that states that I have all rights to
                      reproduction of all images for any purpose I choose, including
                      advertising. It's on the contract they sign before I take the photos.
                      And to be sure they know what they're signing I explain to them that I
                      might want to use their lovely pet in either advertising or in a show. I
                      have never had anyone refuse to sign. But I do always get a release.
                      Never know what might come up.
                      good luck,
                      maria

                      --
                      "I am certain of nothing but the holiness of the Heart's affections and
                      the truth of Imagination." Yeats

                      Art, Photography, and Tarot decks:
                      http://www.zianet.com/maria

                      Las Cruces Poets and Writers Magazine
                      http://www.zianet.com/mvp/
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