Model Releases...Is it really needeed?

[pamroth]

Legal Handbook for Photographers, the Rights and Liabilities of Making Images, 2nd Ed. by Bert Krages, Esq., publisher Amherst Media

[sagelike31]

Yeah I might have to pick that up.
Thanks for that.

But again the overall problem with me is that I would be going to into places where I might get more than a dirty look if I first, ask to take their picture and second, ask them to sign a form that says I have legal control over it.

Eh......

[Ed.]

Originally Posted by sagelike31

But again the overall problem with me is that I would be going to into places where I might get more than a dirty look if I first, ask to take their picture and second, ask them to sign a form that says I have legal control over it.

Eh......

I am only looking into this myself at the moment but having talked to people i think alot of photographers take the photo first then ask for the release not ask for the photo first as the moment is lost... A photo can always be deleted if it causes too many problems... However - i you don't want to get yourself shot/beat up either. Having said that if asking will get that response surely them discovering there face somewhere without permission will be worse still for you?

[Major_Small]

I generally use a slightly modified version of the istock release.

Of all the releases I've come across, it requires the most information from the model, which is nice because some agencies require certain things on their releases (a witness signature, for example).

Another reason is this part:

use the Images in any Media for any purpose (except pornographic or
defamatory)...

I think that puts most people's fears to rest right there.

Personally, if I take a picture of a person, I do what I can to get a release. Even if I'm not really sure I'll end up using it anywhere. Especially if I'm using it in a portfolio.

[Goldie Green]

I have been struggling to understand this very issue in order to do my first real model shoot. I found this online & am curious if it means I need to pay people for the contract to actually be legally binding...here it is:

Consideration: Paying for a Release
A contract is legally binding only if each party obtains something of value (referred to as "consideration") in return for performance of obligations. For this reason, releases traditionally stipulated payment of a nominal amount such as one dollar. However, most courts now take a modern approach to contract law and accept the fact that consideration can be implied and an actual payment is not mandatory. Each release in this chapter establishes that the contract has met the consideration requirement by beginning with the statement, "For consideration which I acknowledge...." However, to fortify this position, you may wish to make a payment --even if nominal-- to the person signing the release and indicate the amount of the payment somewhere in the release.

There's also a few different examples of short & simple release forms at his link:
http://fairuse.stanford.edu/Copyrigh...er12/12-c.html

My question then is if these are the type of forms I will need to photograph strangers, models, or both?

[swampyJ]

Originally Posted by Goldie Green

I have been struggling to understand this very issue in order to do my first real model shoot. I found this online & am curious if it means I need to pay people for the contract to actually be legally binding...here it is:

Consideration: Paying for a Release
A contract is legally binding only if each party obtains something of value (referred to as "consideration") in return for performance of obligations. For this reason, releases traditionally stipulated payment of a nominal amount such as one dollar. However, most courts now take a modern approach to contract law and accept the fact that consideration can be implied and an actual payment is not mandatory. Each release in this chapter establishes that the contract has met the consideration requirement by beginning with the statement, "For consideration which I acknowledge...." However, to fortify this position, you may wish to make a payment --even if nominal-- to the person signing the release and indicate the amount of the payment somewhere in the release.

There's also a few different examples of short & simple release forms at his link:
Stanford Copyright & Fair Use - Personal Release Agreements

My question then is if these are the type of forms I will need to photograph strangers, models, or both?

Do you need a release for street shooting of people , buildings and such