What’s Your Preference?

andyw · #11 (**permalink**) 10-07-2011, 01:41 PM

OK back.

Right,
That form you have been given is a model release form.

It is really upto you to get a release form signed by the models as the images are YOURS to assign not the models.

What the model release form is, is a form which the model signs to effectively give you permission to use those images in any way shape or form you (or your clients) want without the model later coming back and saying they did not give permission for their image to be used in an ad for xyz.

Also it could be possible, that if you used the images of the model on your web site or the like that they would have some comeback on you as according to that form they are not actually giving you permission to display the images.
Knowing the American penchant for law suits it is certainly not beyond the realms of possibility.

The form that this DreamGirls Ultd lot are using is not (IMO) a particularly good one anyway.

The USAGE license is simply a form stating what the client can use the images for and for how long

The t&c's are your terms and conditions.

Those are the three basic bits of paper you should be using.
You can also have a contract which gives the details of the actual job.
This can be from either you or the client, but if the client drafts it then you must ensure that it is compatible with your own terms and conditions and does NOT contain any clauses which effectively mean you are handing over rights or copyright which has not been expressly agreed. MANY publications only want you using their contracts.
If there are bits in them you do not agree with then simply strike them through and initial them prior to signing them. It is upto the client to then accept that or negotiate.

For smaller companies I tend not to use an actual contract but confirm everything over e-mail and go by that.

My t&c's are on the back of ALL forms which the customer gets be that the usage license. contract, invoice etc.

Here are three basic forms I use
These are from the AOP (Association of Photographers) and can be tweaked to suit.
Note the t&c's are based on English law.

Terms and conditions

Usage license

Model release

I personally would steer clear of using the Creative Commons licenses, they are not the sort of thing that I believe should be used in this sort of situation.

Biomech · #12 (**permalink**) 10-07-2011, 03:00 PM

^^ Thanks for those. I always find it useful reading other peoples TOC/AUP etc

andyw · #13 (**permalink**) 10-07-2011, 03:41 PM

Quote:

Originally Posted by Biomech

^^ Thanks for those. I always find it useful reading other peoples TOC/AUP etc

They are the AOP "untweaked" ones. I have slight changes/additions in the toc for my own use.

digitalek · #14 (**permalink**) 10-09-2011, 01:03 AM

Thanks for your help. I spoke with them today, I told them that they sent a model release which is no use for me, informed them that I need if they have an usage license ill be glad to read and see if im still interested in working with them, if not I have my owns. The guy I spoke with said it was confused and do not knew what was that instead if i could go to their place.

Ill be going on Tuesday bringing my own TC, + usage license you have provided me, just i tweaked them a lil to adjust to my needs, see how this ends.

andyw · #15 (**permalink**) 10-09-2011, 10:37 AM

Quote:

Originally Posted by digitalek

Thanks for your help. I spoke with them today, I told them that they sent a model release which is no use for me, informed them that I need if they have an usage license ill be glad to read and see if im still interested in working with them, if not I have my owns. The guy I spoke with said it was confused and do not knew what was that instead if i could go to their place.

Ill be going on Tuesday bringing my own TC, + usage license you have provided me, just i tweaked them a lil to adjust to my needs, see how this ends.

Always best to see them face to face.

Sounds like either they don't have any "standard" contributor/commissioning terms themselves or the person who you have been dealing with is not aware of the mags policies.

Just be prepared to negotiate a little but make sure whatever you come out with that
1. it is absolutely clear what is what on both sides
2. YOU are satisfied with it

Let us know what happens.

digitalek · #16 (**permalink**) 10-11-2011, 07:03 AM

Ill keep u aware on how it ended. Thanks for your kindness and help

digitalek · #17 (**permalink**) 10-13-2011, 11:55 AM

talk to them on the phone yesterday, I did photo shoot a model for them, but i explained i wont be releasing any photographs til I issue them a license, they seemed to be OK with that, ill be sendin them these documents by the end of the week so they can take a look and see if agree.

can somebody take a look a the docs I've tweaked for myself?