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Jill Morgan

May a model put exceptions in a model release?

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I have managed to get a couple of "trade model release for pics" jobs. One is for a wedding and they want exceptions in the release so their photos can't be used for any promotion of pharmaceuticals, meat products (one is a vegan) and any sexually related material including diseases.

 

On the Alamy form there is no such area for exceptions.

 

Can this be done?

 

Jill

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The model release is a contract between the photographer and the model.  If they want to specify that on the release then they can certainly do that.

 

What that means, however, is that you can't upload those images to stock agencies where there is a possibilty that the images can be used in that manner.  In other words, you can't guarantee Alamy can live up to those restrictions so you can only license the images via your own website or through your own marketing efforts.

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Sex is simple: just tick sensitive issues on the restrictions list. Meat is difficult. I would put it in the description field. There are other contributors and some agencies that have restrictions in the description field. Is that legally binding? I'm not a lawyer, but I'm pretty sure someone can come up with a wording that's good enough. I would search for sensitive subjects on Alamy first and get a feel for what restrictions photographer's and agencies are setting. And then ask MS for advice. 

 

wim

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I'm not a lawyer blah blah blah, so I'm not giving you legal advice. What Ed says is spot on. Just to add: when you change anything on a legal agreement, cross something out or write something in, both parties must initial the change. 

 

Edo

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Guest

A model release is not a contract, it's not really an agreement...it's just a waiver of liability.

 

You can write whatever you want in a MR but keeping it enforced.... different issue, especially with such a large area as 'meat products'..... would that apply to a company who has shares in meat companies??? How wide is their (the model's) net being cast.

 

Personally this is exactly why I don't touch TF in any form......

Edited by Guest

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I'd say it was a bad trade. You're giving enough away without limiting the use in such an arbitrary way.

I wouldn't want to be subject to someone's weird whims. They don't eat meat, OK, but medicines? Really?

Edited by spacecadet

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Sensitive issues:

 

Alcohol
Arms & Weaponry
Chatlines
Crime
Dating agencies
Dysfunctional family matters
Gambling
Physical/mental abuse
Physical/mental ailments or disabilities
Politics
Poverty/homelessness
Religion/Race
Sexual preferences
Sexual products & issues
Substance abuse
Tobacco
Vivisection
War & Conflict

 

Quite a list already. Meat is not on it.

 

wim

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Agree with Mark- Would never work a wedding in exchange for releases!

 

Have you ever shot a wedding?!? That's a ton of work that should be worth waaay more than a couple signed releases. Plus think about weather you would be able to get releases for all people in the image (or just the two), venue, other property, etc.

 

How many Alamy sales would it take to pay the rate a typical wedding photog gets paid? Or looking at it another way: the small investment it would take to hire a couple models and set something up with good lighting and no other property (that would require additional releases) and do the shoot properly would likely be more cost effective in the long run. I know I'd rather spend a bit of money to do something on my terms than shoot a wedding for free with uncertain results.  :huh:

 

-Jason

  • Upvote 1

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Guest

The problem for the OP, and some of the suggestions, is that getting a MR from just the bride and groom is virtually a waste of time - microstock has that covered in quite some depth. The shoot that would really sell (assuming shot well) is to have the whole of the wedding released, yes, everyone within reason. It's a logistical nightmare and difficult to do but it's what every commercial collection would love to have. The low lying fruit shots are done to death, if it's easy....lots have done it. In the current market, if you are going to see a good return....go the extra mile.

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"The shoot that would really sell (assuming shot well) is to have the whole of the wedding released, yes, everyone within reason. It's a logistical nightmare and difficult to do but it's what every commercial collection would love to have."

 

Like this......

all MR'd and PR'd......

 

 

km

 

 

TynRhyd_25092014_km050.jpg

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A model release is not a contract, it's not really an agreement...it's just a waiver of liability.

 

You can write whatever you want in a MR but keeping it enforced.... different issue, especially with such a large area as 'meat products'..... would that apply to a company who has shares in meat companies??? How wide is their (the model's) net being cast.

 

Personally this is exactly why I don't touch TF in any form......

 

Geoff, I'm not sure how it is in your area but in the U.S. at least, it is indeed a contract.  In fact, for the contract to be enforceable, there needs to be a quid pro quo arrangement (something of value needs to be exchanged between both parties - whether it's cash or images or services rendered).

 

The ASMP goes into this a bit. 

 

http://asmp.org/tutorials/whats-release-language-law.html

 

I'll point out the first paragraph...

 

 

Along with the subject’s signature and a date, these two statements would be enough to constitute a bare-bones, but entirely legal contract. Law students are taught that a contract records a “meeting of the minds” and, to be complete, must contain three elements: an offer, an acceptance and a consideration.

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I would just put a note in the descriptions field saying " The models have requested this photo not be used for any promotion of pharmaceuticals, meat products or any sexually related material including diseases."

With an agreement if there was any future problems you could always say you had made the best efforts to ensure their requests were followed.




 

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"Sensitive issues" is such a woolly term that maybe it's time for some agency to bite the bullet and address this comprehensively. For example, there may well be people who have no objection to sexual or gambling usage but are against all forms of animal exploitation (e.g. vegans).

 

I'm not offering to be the person who sorts the mess out, however. And I can't see it ever happening.

 

Alan

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Thanks for all the advice, but decided not to bother as the exceptions would have to be in the signed release, not the description, for them to be sure, and not worth all the bother. It wasn't a formal wedding. I was just to wander casually and take candids. But since I don't know the people, I wouldn't know who had signed and who hadn't. Way too big a hassle.

 

Jill

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