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Model Not Allowed To Sign a Release? WTF?

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  • Model Not Allowed To Sign a Release? WTF?

    So I have a TF shoot today with an unsigned model. She, however, did get scouted this week by an agency and they are in the process of deciding whether they want to sign her or not. The scout told the model that she is under no circumstances to sign a model release for any shoots that she does while she is under consideration for the agency because if they do decide to sign her they need to have complete control over any images of her likeness.

    I have not run into this before and am not entirely sure how to respond? Has anyone else run into this before? Should I be weary about even putting these photos in my portfolio over this?
    Ryan Cooper Photography
    Vancouver Cosplay

  • #2
    If you have a properly executed release dated before she was under any exclusive contract then you are golden. (YMMV in CA)
    "They call me Bruce."
    www.brucebphotography.com

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    • #3
      Yes of course, however, there will be no release. The shoot is 3 hours from now. We have been planning it for a couple months. The Scout emailed her this morning and told her this. So my choice is either shoot with no release or don't shoot at all because obviously she ranks the chance at being signed by a high profile agency above a single TFP shoot.
      Ryan Cooper Photography
      Vancouver Cosplay

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      • #4
        The issue is really with her and the agency . not you and her. You are under no obligation, contract or agreement with the modeling agency...and up until the model signs with them she is neither. Sounds like the agency is trying to get their potential models to not shoot with anyone so they don't have to compete with other images. This makes a lot of sense (from their pov) since their investment in the model may potentially make your images worth a lot more money. Neither of you at this point are under an enforceable agreement with the agency. And I'm not a lawyer and thats not legal advice.
        "They call me Bruce."
        www.brucebphotography.com

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        • #5
          You can use the images in your portfolio, no worries. And she can use images you provide to her in her portfolio w/o a release/TOU. You can also print/display/sell the photos "as art."

          The only thing you won't be able to do is sell it for advertising or use it for merchandizing. (edited to add: in the USA)

          They are certainly stretching it with their demands/statement. By doing this, and her agreeing, they basically have her in a contract already without having signed her. And they have eliminated potential competition for the models they have signed. Sounds quite a bit "iffy" to me. I wouldn't be surprised if they just try to string her(and others) along like this indefinitely.
          Last edited by sk66; 01-21-2013, 12:09 AM.
          Steve
          the Photographic Academy.com
          SharpShooter Industries
          My 500px, My Flickr, My Blog

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