Release Legality

[neleen]

Here's question on legality of model release and client contract.

<p>

I use fictitious name in photography world, not to mix my primary job

with it. Would it be legal release and contract if my real name won't

be in it? Any ways around it? Thanks!

[ellis_vener_photography]

yes there is, Either incorporate your business or just use your real name. It is unlikely you

are so important as to need a psedonym.

[neleen]

> It is unlikely you are so important as to need a psedonym.<br>

Are you sure you can judge the importance of this?

<p>

Is there other ways besides creating a company?

[ellis_vener_photography]

No I'm not. It uis just my opinion. Of course if the kind of photography you do would

embarass you if your co-workers found out or if the work you do is somethign you aren'

pround of I can understand why you'd choose that way. But if it comes to legal action a

pseudonym isn't going to shield you from anything.

 

You want an opinion on a legal matter? Ask a lawyer. I'm a photographer, not a lawyer

[ellis_vener_photography]

<I>Are you sure you can judge the importance of this?</I><P>

One clue is that if you were important enough for this really to matter,you'd be asking

your attorney and not asking on a public forum where you (or at leastthe owner of the

computer address you are e-mailing from can be quite easily tracked.

[neleen]

Come on Ellis....

<br>

You are photographer, layer and also network haker. I also feel that you are a psychologist.... %) Such a detonating mixture.

<br>

Let others to speak.

[Jerry_]

A 'legal' release would be null and void __ if you do not use your given name or a name of a registered company, with you listed as a officer of that company.

 

 

 

But you still need the advice of a lawyer....

[ellis_vener_photography]

also feel that you are a psychologist

 

of course I am I'm a photographer!

[neleen]

Any idea if I need to put both names in the release? Real and fictional one? Thanks!

<p>

PS: It's not that of big deal, to speand money on professioanal/layer advise. I figured that many people use non-real names... Anybody with particular experience would like to contribute?

[patrick_giagnocavo2]

If by "fictitious name" you mean "Vlad's Images", "The F/Stop", "Akira Motorcycle Photography" or some other name of a business, then as long as you have taken the proper steps to register your use of that fictitious name as required by the state you live in, you are fine.

 

If you mean that you are using a pseudonym like "Robert Pitt" rather than your real name, that would be a problem.

[ellis_vener_photography]

<I>I figured that many people use non-real names... Anybody with particular experience

would like to contribute?</I><P>Not on legal documents.

[ellis_vener_photography]

Don't forget that laws vary from country to country and if you are in the USA may vary

from state to state as well. this may be true of othe multi-state nations as well.

[scottl]

I am not a lawyer.

 

That being said, in the USA it is my understanding that you can call yourself whatever you want, as long as it is not for an illegal purpose.

[drew carson]

you may be able use a fake name by filing for a D.B.A. (Doing Busness As) a relativly simple process

[Jerry_]

...why take the time and trouble to make up a contract with a 'un-real' name?

 

 

 

If you ever were to appear in court to claim a broken contract and try for damages, you would have the judge toss the case as the "un-real" person cannot file a lawsuit.

[neleen]

> Don't forget that laws vary from country to country and if you<br>

> are in the USA may vary from state to state as well. this may<br>

> be true of other multi-state nations as well.<p>

 

I'm in London, UK.

[neleen]

I got an idea on this.<br>

Appreciate your help on this!

[bill c.]

Vladimir-- To a certain extent, that depends on how separate you want to keep your real name and your photography name. If you don't mind putting on your contract something on the order of "...Vladimir Neleen doing business as (whatever your photo name is here)..." then in most cases that is feasable, however, you should consult accredited legal counsel regarding the legality of it wherever you are currently located.

 

The base law roughly states that you can use whatever name you want as long as you don't use it to avoid an obligation. In short, you could probably get away with just using your pseudonym for business purposes, but on any given day the law says what a judge says it says, and personally I'd want a lot more legal support than just that.

 

As the above respondent says, you can certainly get a business license and do business under any name you want to (within reason), but the name will be a business name and not necessarily a personal one.

 

Happy shooting. -BC-