Model release complication

[gomezef]

I have a bit of a conundrum with a model release - I think I know what to do but I would like your input on it.

I was doing a photoshoot for a friend for a business that she is starting up. It is a tutu business and she (parent #1) wanted to model her child and another child of (parent #2). Since I was doing this for a friend (and for free) I didn't think about getting a model of release form.

After the shoot I put the pictures up online and parent #2 thought her child was immodesty dressed (a child age 3 - she wasn't...) and was uncomfortable with her child being displayed. Parent #1 was fine with the pictures. So when I realized I forgot the model release because I wanted to use some for my own promotion, parent #2 refused to sign it. Needless to say, I will respect the wishes of mama bear (even though I am a bit angry over the situation), but I do have these questions:

1) Since this is for promotion for parent #1 business, I'm I required to get a model of release form for parent #1 to use this for her business? Granted they are friends but I don't want any legal stuff coming back to bite me.

2) Do I only include the images of Parent #1's child in the images I give?

3) What do you recommend what permissions I give to Parent #1 regarding the pictures (i.e. not distribute them, only use certain images, ect...). Please keep in mind I did this for a friend knowingly for free.

4) I feel a bit short changed on this shoot because I'm sure parent #2 wants a copy of her cute kid, but won't let me use these for my advertising. Any suggestions here?

My first response is to be vindictive and not give parent #2 the images or charge her if she does want images but in the end I'll probably just give in. I mostly did this shoot to get my name out there for weddings, not to create this drama... I have learned my lesson however.


Sincerely,
Disgruntled by Mama Bear

[gturner]

She seems a little confused as she just allowed the daughter to do an advertising shoot... how is that different.
My suggestion - just leave it, not worth the fight and unpleasantness, even though you could be forceful.

[Jim Poor]

If #2 really thinks her child is immodestly dressed, then she shouldn't want copies anyway.

As to whether or not the dress is immodest, that really isn't your call. Some families have higher / different standards of modesty.

How to handle it? Get parent #1 to talk to parent #2 if they are friends. If not, then the fact that #2's child was included at all is definitely a big issue. Might be a big issue anyway.

Never include a minor in a photoshoot without consent of the parent(s).

[Jim Poor]

I just noticed this

I mostly did this shoot to get my name out there for weddings, not to create this drama..

Weddings and kids in tutus are not even close to the same market, so you're pretty much wasting time / effort like that.

[gomezef]

Jim you are wrong. I cannot tell you how many people have referred me simply by being a photographer that is willing to do a freebie - even if it isn't in weddings. With all due respect, I would prefer if you simply answer the question and not criticize my business model.

[OsmosisStudios]

Originally Posted by gomezef

1) Since this is for promotion for parent #1 business, I'm I required to get a model of release form for parent #1 to use this for her business? Granted they are friends but I don't want any legal stuff coming back to bite me.

2) Do I only include the images of Parent #1's child in the images I give?

3) What do you recommend what permissions I give to Parent #1 regarding the pictures (i.e. not distribute them, only use certain images, ect...). Please keep in mind I did this for a friend knowingly for free.

4) I feel a bit short changed on this shoot because I'm sure parent #2 wants a copy of her cute kid, but won't let me use these for my advertising. Any suggestions here?

1) A model release is for YOU, to allow YOU to use the images. It releases the images to you to allow you to sue it for promotion of yourself. In that case, you need one for each model you use. (in this case one for child #1 signed by Parent #1)

2) Yes. In this case, just delete the images of Parent #2's child.

3) Limited use rights. Look it up. You can specify what they can do with it in that kind of release

4) If parent #2 asks, tell her to get stuffed. Not in that way, but as a gist.

[Jim Poor]

If you say so.

Originally Posted by gomezef

Jim you are wrong. I cannot tell you how many people have referred me simply by being a photographer that is willing to do a freebie - even if it isn't in weddings. With all due respect, I would prefer if you simply answer the question and not criticize my business model.