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Model Release - After the fact


matt_h

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I recently shot a sporting event, sort of an underground sport. I

took a lot of rolls with the intent of using the pics for editorial

purposes so bringing releases didnt even cross my mind. It wasnt

until I got there and talked to some of the atheletes that I realized

their sponsors may be interested in some pics for advertising

purposes.

 

I guess my question is, if I were to contact their sponsors and tell

them I had some good pics of their riders, would I still need a

release even though these guys are sponsored by this particular

company? I assume I would. Which leads to my topic question. Is it

cool to get a release after the fact? Meaning, can I mail the

athelete a release, have them sign it, mail it back, and then contact

their sponsors? That would probably be the safest route legally.

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--this is not legal advice--

 

 

 

 

but in the U.S., a contract has to have an exchange of something of value [$1.00, $5.00, $10.00] for a binding agreement. Plus a witness generally has to sign the contract.

 

 

 

 

A model release is sort of like a contract. If a minor (under the age of 18) is involved, the parent or guardian has to sign the release.

 

 

 

 

 

If you send a release for signing, and include a five dollar bill, my guess you will be out five bucks.

 

 

 

 

Face-to-face is the best way to present your case.

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Matt,

 

For a number of reasons, you should contact the reasons personally, whether by phone or otherwise to get the ball rolling. Probably sooner rather than later, while the contact with you is fresh in their mind. That said, depending upon the nature of the sponsor arrangement, the sponsor may already have a release, i.e., the sponsor agreement may well provide for the right to use the sponsored person's likeness for commercial purposes. Even assuming if that is the case, you would still want a release granted to you, if possible, for other possible commercial usage.

 

Regards,

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Wow, thanks for all the quick replies.

 

The problem with getting the releases at this point is that most of these atheletes flew in for the event, and they are now many miles away. I am also getting ahead of myself a bit becuase I have yet to see my slides (pick them up today). So I don't know who came out and how well they came out.

 

I do have the email addresses of some of the athletes so I will probably start there.

 

Again, thanks for the replies.

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"would I still need a release even though these guys are sponsored by this particular company? I assume I would."

 

This too is not legal advice...

 

Obtaining a release from the individuals is the only reliable means to cover you for using their likeness for non-priviledged purposes. Some sports owners and orginizations own trademarks, logos, copyrights of game imagery and so on. Watch for those kind of restrictions too.

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Thanks you again to all who have replied. So far it just looks like I will be using these for editorial purposes. I hope to be attending another event at which point I will bring releases, as most of the same atheletes will be there.
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