Urgent advice needed RE licence usage & who owns the photos!

[Biomech]

I generally go for a;

"Non exclusive, limited licence".

The non exclusive means I can use them myself (and onwards if required). The limited licence then has more detail which includes what they can and cannot do with them. And usually general catch all sentences, because I don't like to over complicate things. Ie: No use by third parties. or No editing.

[ajax_andy]

I generally go for a;

"Non exclusive, limited licence".

The non exclusive means I can use them myself (and onwards if required). The limited licence then has more detail which includes what they can and cannot do with them. And usually general catch all sentences, because I don't like to over complicate things. Ie: No use by third parties. or No editing.

Yeah I think I needed to learn the right phrases before saying x or y RE licences... It's all been really short notice so i just kind of said 'unlimited usage licence' thinking it meant no expiry etc... thanks for the phrase you use as i'll probably say something along those lines next time

[sk66]

If you bring a model release, and the model is from an agency, she/he will probably refuse to sign it. Again, the model release is NOT your responsibility here.
I would try to stay out of it...I would mention the need to the company rep, and if they are all screwed up/clueless say something like "well I have a general release you can use if she'll sign it." Hell, maybe it's a good idea to not mention it and only offer your "solution" if it comes up as an issue.

[ajax_andy]

If you bring a model release, and the model is from an agency, she/he will probably refuse to sign it. Again, the model release is NOT your responsibility here.
I would try to stay out of it...I would mention the need to the company rep, and if they are all screwed up/clueless say something like "well I have a general release you can use if she'll sign it." Hell, maybe it's a good idea to not mention it and only offer your "solution" if it comes up as an issue.

Ok good advice, thanks

So basically the whole model release is the responsibility of the person hiring them and as I'm just another person being hired too its nothing to do with me legally... Is that right?

Again thanks for your help as I'm clueless with this

[sk66]

Not exactly. The model release is the "responsibility" of the entity publishing the image commercially or in a manner that would otherwise violate the models rights to privacy/publicity... Most of the time a photographer doesn't need a release. You collect it to make the sale of an image easier.

Because you are not doing the publishing you do not need the release, even if you did hire the model. And because someone else is doing the publishing, if you collected a release it would have to be "transferable." This is typically covered by wording like "any media, any publication, etc" or "sub-licensable."

Now, here's the hook... Although you do not need a release here, you would need to acquire one if you wanted to publish the image commercially yourself, to make it easier to resell the image for commercial use, or to publish the images in a manner that would violate the models rights. Model releases can be acquired retroactively.


DISCLAIMER: I am not a lawyer/legal rep of any sort....

[ajax_andy]

Not exactly. The model release is the "responsibility" of the entity publishing the image commercially or in a manner that would otherwise violate the models rights to privacy/publicity... Most of the time a photographer doesn't need a release. You collect it to make the sale of an image easier.

Because you are not doing the publishing you do not need the release, even if you did hire the model. And because someone else is doing the publishing, if you collected a release it would have to be "transferable." This is typically covered by wording like "any media, any publication, etc" or "sub-licensable."

Now, here's the hook... Although you do not need a release here, you would need to acquire one if you wanted to publish the image commercially yourself, to make it easier to resell the image for commercial use, or to publish the images in a manner that would violate the models rights. Model releases can be acquired retroactively.


DISCLAIMER: I am not a lawyer/legal rep of any sort....

What about using the images in my portfolio and on my website etc... Wouldn't I need a model release for these purposes? Or is it just if I wanted to sell the pics to a magazine or whatever?

[sk66]

You should follow my posts on "do you need a model release if....?" I'm going to do a series of them...

[ajax_andy]

You should follow my posts on "do you need a model release if....?" I'm going to do a series of them...

Cool will check it out

I asked the client about model release when I met her this morning and she hadn't got him to sign anything, so when he arrived I asked him if he was with an agency... he wasn't so I just got him to sign one on my releases.

I'll be brushing up on these things now though as don't want to get caught out in future!

Client was happy with the licence agreement btw so cheers for the help guys!!!

[sk66]

Cool, and you probably seemed to be the most professional of the bunch... that's good for business. BTW, even if the model is with an agency you can always ask them to sign a release...you never know. There are probably quite a few "agencies" out there that are as "professional" as some of the photographers out there.

[ajax_andy]

Cool, and you probably seemed to be the most professional of the bunch... that's good for business. BTW, even if the model is with an agency you can always ask them to sign a release...you never know. There are probably quite a few "agencies" out there that are as "professional" as some of the photographers out there.

Yeah I think I did tbh, was great as they just let me sort everything out and lead the shoot as I felt fit... Good job they didn't realise it was a case of the blind leading the blind

Will bare the model release thing in mind as guess can't help to always ask and see what they say

Got some great shots so will post some once they've been edited