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

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  • #16
    Originally posted by sk66 View Post
    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?
    Newcastle Photography
    Newcastle Wedding Photography

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    • #17
      You should follow my posts on "do you need a model release if....?" I'm going to do a series of them...
      Steve
      the Photographic Academy.com
      SharpShooter Industries
      My 500px, My Flickr, My Blog

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      • #18
        Originally posted by sk66 View Post
        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!!!
        Newcastle Photography
        Newcastle Wedding Photography

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        • #19
          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.
          Last edited by sk66; 01-12-2013, 05:03 PM.
          Steve
          the Photographic Academy.com
          SharpShooter Industries
          My 500px, My Flickr, My Blog

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          • #20
            Originally posted by sk66 View Post
            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
            Newcastle Photography
            Newcastle Wedding Photography

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