Do I Need A Model Release?

[Indigo November]

First, I should say; I live in the USA so please no replies about the laws in England or Australia or wherever. :-)

Alright, that said....
Do I need a a signed model release form to put photos from a newborn/family shoot in an online portfolio?

And if someone could explain to me when you do and don't need a model release form, that would be greatly appreciated! :-)

Thanks ~ Indigo

[candleman]

.......why did you do the shoot without making them sign a model release?


always get a release....... always.
problem solved

[mandyatm]

I struggle with this too. I read that the pictures are copyrighted to me and I can do as I please, then I read that I should always get a model release. I used to ASK my clients if they would sign on at the end of the session. Then I had a client who told me the day before that she flat out did not want any of the pictures online anywhere. I respected her wishes, but now my website says "a signed model release is required." And I hand them the form to sign as if it's not an option. Because it's not.

[Indigo November]

Last minute kind of thing..... they called me the day before!
I realized afterwards that I had a model release form (a few actually) saved on my computer....
wouldn't have helped anyway, printer's broken.
I'm making my dad print some at work today so I'll never be without one again, lol.

Anyway, it's all a huge mess now. The father won't sign a model release unless I give him the high res images on a CD.
So I just wanted to know if I actually need him to sign one.....

.......why did you do the shoot without making them sign a model release?


always get a release....... always.
problem solved

[mandyatm]

Originally Posted by Indigo November

Last minute kind of thing..... they called me the day before!
I realized afterwards that I had a model release form (a few actually) saved on my computer....
wouldn't have helped anyway, printer's broken.
I'm making my dad print some at work today so I'll never be without one again, lol.

Anyway, it's all a huge mess now. The father won't sign a model release unless I give him the high res images on a CD.
So I just wanted to know if I actually need him to sign one.....

Oooh, that's not cool! Did they pay full price? Did they order prints? Do you normally offer/charge for the CD? I would not let him run you over like that. I would probably say forget it just on principal, because that is not a client I would want to ever work with again.

I wish I knew the answer to your question, I have yet to see on here whether you can use them without the release or not, just that you should get one. Sorry I can't help.

[jdloniak]

Make the deal, only all the images are watermarked and that way any prints would need to be done through you. He didn't specify he wanted a "useable" hi res cd.

[Indigo November]

Originally Posted by mandyatm

I struggle with this too. I read that the pictures are copyrighted to me and I can do as I please, then I read that I should always get a model release. I used to ASK my clients if they would sign on at the end of the session. Then I had a client who told me the day before that she flat out did not want any of the pictures online anywhere. I respected her wishes, but now my website says "a signed model release is required." And I hand them the form to sign as if it's not an option. Because it's not.

Ya, will be doing this, for sure!

And, yeah, I too have heard that if you aren't making money from the images (just showing them) you don't need a release..... But then I heard that you do.....

Originally Posted by mandyatm

Oooh, that's not cool! Did they pay full price? Did they order prints? Do you normally offer/charge for the CD? I would not let him run you over like that. I would probably say forget it just on principal, because that is not a client I would want to ever work with again.

I wish I knew the answer to your question, I have yet to see on here whether you can use them without the release or not, just that you should get one. Sorry I can't help.

No, this was a free photoshoot. I don't know why I offered to do it free.... I guess because they are (were?) friends and this was my first newborn shoot.....
Well all I know is that that was my first an last free photoshoot! (OK, I did commit to doing a maternity/newborn shoot free in November.... for a friend... this time I'll make her sign though! )

Anyway this guy is just a power control freak. And he likes to walk on people and get the better end of a deal.

I am trying to decide if I would ever offer a CD, and for what price......
Currently I am playing with the idea of charging $50 per image... Figured if they really want one they'll buy it, but that price should turn off power freaks...
What do you think? Do you offer one, and what price?

[Indigo November]

Originally Posted by jdloniak

Make the deal, only all the images are watermarked and that way any prints would need to be done through you. He didn't specify he wanted a "useable" hi res cd.

Haha, I thought of something like this too. I don't want him to even feel like he got his way though, this guy needs a serious blow to his ego, he's too used to walking on people and getting his way.

How do you mean he would have to get prints from me? Do you mean put a huge obnoxious uncropable watermark on it? Or is there a way to watermark it so that it literally cannot be printed?

Funny thing is, he didn't even know what a high res CD was (or even that it existed) before a made mention of it.
And now that he knows it is something special he wants it!

[candleman]

sounds horrible.
what did you tell them you would get before the shoot was done.. what was the agreement?

sometimes its best to learn the hard way
Rule #1 Never shoot without a model release.
Rule #2 always spell it out in black and white what they will and wont get.

I recently heard a quote
"You get what you pay for, but you also dont get what you dont pay for"
Apply that last portion of the quote... if they havnt paid for it, they dont get it.

but thats a good price
mine go for NZ$80 per image.... so thats roughly US$50 at current exchange rates.

[Indigo November]

Yeah, very horrible. And I'm am not very good at dealing with manipulative people....

I told them they could order prints at cost. And that I could put some on a CD, meaning low res web images of course, but since I didn't specify.....

Yeah, I agree, sometimes life needs to beat you over the head with a lesson.... make sure it makes it all the way into your brain I 'spose....

Anyways, this guy is just a manipulative power freak, high on taking advantage of people.
But this time he won't get his way.

You think the price will turn off people like him? How many people opt to pay you that much, and what kind of people?

I love that quote!!! Kind of hard to apply it when they aren't paying for anything, though.... :\

Originally Posted by candleman

sounds horrible.
what did you tell them you would get before the shoot was done.. what was the agreement?

sometimes its best to learn the hard way
Rule #1 Never shoot without a model release.
Rule #2 always spell it out in black and white what they will and wont get.

I recently heard a quote
"You get what you pay for, but you also dont get what you dont pay for"
Apply that last portion of the quote... if they havnt paid for it, they dont get it.

but thats a good price
mine go for NZ$80 per image.... so thats roughly US$50 at current exchange rates.