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Old 11-10-2011, 08:28 PM
KongeTorsk's Avatar
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Default Are my rights being grabbed?

Hey everyone, I'm set to go on a promotional photoshoot tomorrow and they sent me this "Photo uploading waiver" today. Since it's from a place I use for educational purposes, I'm not sure if this is fair-monetary wise.

Can anyone help me to see if this is a rights grab?

I hereby grant permission to the rights of my image, likeness and sound of my voice as recorded on audio or video tape without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published or distributed and I waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in diverse educational settings within an unrestricted geographic area.

By signing this release I understand this permission signifies that photographic or video recordings of me may be electronically displayed via the Internet or in the public educational setting. There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed.

By signing this form, I acknowledge that I have completely read and fully understand and agree to the above release. I hereby release any and all claims against any person or organization utilizing this material for educational purposes.
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Old 11-10-2011, 08:33 PM
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Looks like pretty standard model release language to me.
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Old 11-10-2011, 08:37 PM
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Quote:
Originally Posted by Rentham View Post
Looks like pretty standard model release language to me.
Thanks! I was frustrated from another matter, so my legalese wasn't working correctly.
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Old 11-10-2011, 08:38 PM
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Quote:
Originally Posted by Rentham View Post
Looks like pretty standard model release language to me.
+1 No mention of copyright transfer or usage beyond educational purposes and no grants of commercial usage. It is actually less broad than many I have seen...
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Old 11-10-2011, 08:47 PM
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"the rights of my image, likeness and sound of my voice as recorded"

Sound they they are referring to you yourself, as opposed to your work. I could be wrong, I'm still half asleep, lol
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Old 11-10-2011, 08:52 PM
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Quote:
Originally Posted by Liz Caldwell View Post
"the rights of my image, likeness and sound of my voice as recorded"

Sound they they are referring to you yourself, as opposed to your work. I could be wrong, I'm still half asleep, lol
I agree with Liz. If this event is recorded on any media and then used, they are having you sign a model release. They don't want your images.
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Old 11-11-2011, 01:07 AM
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From what I read, you retain the right and use of any image you take.
But they can take images of you taking pictures and use them as they please (most probably for advertising and such).
So take any picture you want, just make sure you look good while doing so.
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Old 11-11-2011, 02:21 AM
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I'll be sure to be fabulous!

This is probably better asked elsewhere, but in the document above, that's all they had. They had no contract or written work about actually using my photos.

Could anyone possibly help me come up with a contract that will allow them to use my photos (not for profit on my end at least) without me giving away my copyright? I want them to be able to use the photos for their websites or advertising, but should I ask for credit and recognition?

I'm pretty green when it comes to this.
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Last edited by KongeTorsk; 11-11-2011 at 02:21 AM. Reason: Adding more information
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Old 11-11-2011, 02:37 AM
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Quote:
Originally Posted by KongeTorsk View Post
I'll be sure to be fabulous!

This is probably better asked elsewhere, but in the document above, that's all they had. They had no contract or written work about actually using my photos.

Could anyone possibly help me come up with a contract that will allow them to use my photos (not for profit on my end at least) without me giving away my copyright? I want them to be able to use the photos for their websites or advertising, but should I ask for credit and recognition?

I'm pretty green when it comes to this.


Modify to taste and need, so instead of life time use it's one time, commercial can be with non-commercial, etc Remove whatever doesn't apply, add anything it leaves out.

Print Release - Use License
All images © -YEAR- {name or studio here}, All Rights Reserved. This Use License shall be governed by the laws of the State of _________.
I, [name or studio here], as copyright owner of these images, grant a lifetime, personal, non-commercial use license to ____________________and their immediate family (or just company) right to print or have printed (no larger than (whatever size, if any) reproductions of these images for display in their home and workplace only (or whatever intended use)
Online Use

{name or studio here} has provided web sized and watermarked images for exclusive use on social networking web sites that are not owned by ____________________ and their immediate family. No other online use is granted. Removal of the watermark from these web sized images, or any other violation of any of the other terms, will constitute a breach of this entire Print Release – Use License, rendering it null and void in its entirety.
Copyright Information

Please remember that because these images are protected by Federal Copyright laws they may not be altered, copied, transmitted or used in any way without prior written consent of the copyright owner, {name or studio here}.
These images may not be entered in any photography or other competition or contest without the expressed written consent of [name or studio here]. Commercial use of the images is prohibited.
No waiver by either party of any of the terms or conditions of this license shall be deemed or construed to be a waiver of such term or condition for the future, or of any subsequent breach thereof. Waivers are only applicable when they are written. There will be no verbal waivers to this agreement.
The Photographer hereby warrants that he (or she) is the sole creator of these images and owns all rights granted by law.

[Name or studio here]
Address
City, State
Phone:
Email:
Authorized Signature:
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Last edited by Liz Caldwell; 11-11-2011 at 02:40 AM.
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Old 11-11-2011, 02:52 AM
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A thousand thanks Liz! I'll be saving this, and of course, learning more about personalizing various things.

Your help is greatly appreciated.
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