Model Release for TFCD shoot

[zigzag]

I am (in Australia) doing Time For CD shoots whereby the model gives up her time

in exchange for a Print or CD of images. The photographer takes the photographs

and has copyright. What is then 'fair use' for the photo? i.e. would these

words (extracted from an example model release) be OK?

<br><br>

<i>1) The Subject permits the photographer and his/her licensees or assignees to

use the photograph(s) and/or drawings therefrom and any other reproductions or

adaptations therefrom either complete or in part alone or in conjunction with

any wording and/or drawings for all uses including publicity and/or

merchandising and/or editorial purposes in any country. Unless otherwise

agreed the photograph(s) and any drawings or adaptations thereof shall be deemed

to represent an imaginary person.</i>

<br><br>

<i>

2) The photographer grants permission for the photographs to be used for

promotion by the Subject. The Subject agrees that usage is granted to use of

the photograph for the following purposes only: Participation in a training

exercise, including possible exposure to The Subject?s web galleries, and to

promote The Subject by use in his/her portfolio, website and submissions. Where

possible, photos published on-line will credit The Photographer. The Subject

may not sell the photograph(s) or drawings so granted. </i>

<br><br>

 

<i>The Subject understands that they do not have any interest in the copyright

of the photograph(s) or drawings nor shall receive any further payment.</i>

<br>

<br>

i.e. the photographer gets all rights, the model is granted limited rights. Is

this fair/normal?

[eyepasha]

You should check locally since local law governs the common law property, copy and use rights of the photographer vs. the photographee. However, I find the clauses above differ from the usual text found in most releases.

 

My practice, just to throw in 2 cents, is to sign two contracts in the event of a TFP/TFCD arrangement. The first is a momdel release that assigns all rights to me, the photographer. This is the one I use for paid shoots and recognition of compensation received is a part of the contract. The second contract, in the event that I have bartered the pay rates in exchange for portfolio images is an end user license agreement with limited publication and copy rights for the model.

 

I will send you both copies as PDF to your mail.

[zigzag]

Thanks Paul - sounds like the above is the former whereas I should probably use the latter for TFCD.

[Jerry_]

"The Subject may not sell the photograph(s) or drawings so granted." This statement would allow the Subject to "give away" the images to be used by a third or fourth party, without penalty. And, of course, you would be the one to prove she (or he) did not gain $$$$$s from the "give away" -- if that should happen.

[jaleel_king]

Paul any chance I can get that PDF too?

[daniel_vivian2]

Any chance I could get those PDFs as well? These are proving very popular, it seems.