print release wording help

Discussion in 'Business of Photography' started by sandy_w|1, Mar 23, 2009.

  1. hi, i'm writing a print release for my clients who are purchasing a dvd of original images from me. i'm debating on the word "sell" in the paragraph -- to include it or not to include it. i am planning to use the images for promotional purposes but i'd also like to have the option to sell those images. my photography is pets, children, portraits, weddings. Please please advise...
    here's the paragraph that's i'm struggling with:
    You hereby grant to XYZ the right to publish and sell images and photographs taken at your photography session to further promote its service, including portfolio, web site, display, advertisement, and editorial use.
     
  2. Perhaps this isn't exactly what you're asking but, why would anyone sign that if asked to?
     
  3. If you're just looking for a good model release, the ASMP "Best Business Practices" book has several good examples.
    I don't even discuss what I'm going to do with the pictures, I simply say that the copyright remains with me and I itemize what rights the customer has.
    Remember that even if they buy the files, unless you consent, they aren't buying the copyright. So you should be specific as to what rights they are actually buying, and what rights you retain.
    As Bob said, why would anyone sign such an agreement?
    However, it is considered unethical for a photographer to resell photos taken as portaits or as part of a commission. If you insist on doing so, you must have a signed model release from each recognizable person to allow the pictures to be used commercially.
    <Chas>
     
  4. why would anyone sign that if asked to?
    A discount is often offered as an incentive. Even then, many people sign model releases without such incentives.
    here's the paragraph that's i'm struggling with:You hereby grant to XYZ the right to publish and sell images and photographs taken at your photography session to further promote its service, including portfolio, web site, display, advertisement, and editorial use.
    Are you concerned about copyright issues which pertain to ownership and usage of images including "selling" images or model release issues which concern using someone's likeness for advertising and promotions whether there is a sale or not? You seem to be confusing and combining the two seperate issues in this passage. You don't even mention people being shown in these photographs yet you go on at some length about promotional activity.
    You seem to have more to worry about here than just the decision to use the word "sell" or not. You probably need to start over completely.
     
  5. it is considered unethical for a photographer to resell photos taken as portaits or as part of a commission. If you insist on doing so, you must have a signed model release from each recognizable person to allow the pictures to be used commercially.
    Perhaps its not "ethical" in the moral sense but selling images concerns copyright issues as you allude to elsewhere in your post. But this particular passage combines selling and commercial use (model release issues) which can occur whether the image(s) in question are sold or not. Its crucial to keep these concepts seperate.
     
  6. No I am asking help on a "print release" that someone can take to his local printing lab and print the images.
     
  7. I've decided to take that paragraph out and just focusing on what rights the clients have with regards with printing these images. Thanks all.
     
  8. Sandy, for a print release, I just say that "<name> has the right to make prints from the following digital files: <list>" I print it on my letterhead and sign it and include it with the CD. I also print directly on the CD "Permission granted to make prints from these files" directly below my copyright notice.
     
  9. Sandy -
    As you've already determined - the paragraph in question probably doesn't belong in a "Print Release".
    Mine reads something like " Copyright remains the property of DHP - this release grants the client (names) the right to print as they wish." There is also a statement in there that the client may not sell or use the photos to enter contests.
    I'm away from my primary computer - so I don't have access to the exact wording at this time.
    Dave
     
  10. Sandy, there appears to be some confusion here. Some of the comments are about your rights to sell the images and others are about the client's right to print the images.
    I'm not an attorney, but your initial sentence reads that you can sell the images to further promote your business? I understand the right to publish, but the sentence structure is unclear.
    Also, why would you want to sell photographs of other people?....-Aimee
     
  11. We generally have two forms on hand, one the blankets use for all our ads, and one that's project specific. Basically it's cover our butts from a lawsuit, that the rights were given to use the image for said reason, and that later we can't be sued, etc. We also have clauses that states the signee was not guaranteed any monies, etc, and cannot sue us later, etc. etc.
    However, most of our work involves someone doing a task or using a product that is the focus of the shoot. The person or persons themselves are generally not something I would want or need to sell.
    What's more important about getting sign-off is determining whether or not there will be an issue extending from the shoot. Either I identify and issue up front before the shoot, or by the reaction of the person signing, can judge whether or not said person will have a change or heart overnight and recind or find a lawyer.
    In some cases, especially when I'm in a hospital on assignment, I will ask folks to clear the room if they don't want to sign, or if a key player does not wish to sign, have someone else volunteer to take their place.
    I wound never, under any circumstance sell off material with other people in it if they did not specifically agree to and sign away their rights with the knowledge that their mug might wind up on a highway billboard promoting things like condoms or hemroidal products, etc. If you know for a fact that you have such signatures on file that you can quickly surrender to your defense atty...
     

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