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Property Release form for tattoo artist on model's photos?


chris_alcock

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<p>I submitted some photos to a stock photography agency, and they are of a model with an extensive tattoo on her back. I sent in model releases and ID's. They told me that I needed a "property release form" from the tattoo artist if the tattoo is the focal point of the photo. I emailed them a few times for a property release form that they recomend or accept, but got automated responses with model releases. Anyone have or know where I can download this type of property release? Thanks.</p>
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<p>This would be an interesting case of copyright, now wouldn't it! I agree with the stock agency that this is the safest course of action, but I am not sure what the law would actually be. Tattoo's can be registered if they are original. In the commercial world, even a painting that is incidental in the background of a photo used in an ad better have a release. Does that mean you can't photograph a person with an identifiable tattoo and that image be used for commercial purposes? Such an interpretation of the law would adversely affect the ability of someone to make money with their person, as a model for instance. Does Nike get releases for every tattoo their athletes have? A pretty interesting side to this, I would think.</p>
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<p>Don't sell it as copy, sell it as art, appropriation art, and you will be fine without releases even if it is copyrighted, heck if you get sued you'd win and become even more famous and the value of "your work" would rise.</p>

<p>http://www.nytimes.com/2007/12/06/arts/06iht-06prin.8615694.html</p>

<p>Yes my tongue is very firmly in my cheek :-)</p>

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<p>I'd think that what they need is permission from the copyright owner, not a "property release." The model clearly owns the piece of art. The model doesn't own the copyright to it. However, the right thing to provide is what the agency wants to sell it to them, then they can worry about the subsequent details.</p>
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