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Author Topic: Question about the Model Release  (Read 7341 times)

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LSD72

  • My Bologna has a first name...
« on: November 29, 2010, 12:23 »
0
I finally have a few images that will use the Alamy Model Release but I have one question.

The first paragraph ... who's name goes in that spot? Mine or the Models?

"For good and valuable Consideration of _____________ , herein acknowledged as received,"



I also have some shots from a few days before. Does it need another Model Release for the date or can I just add in Image numbers in the shoot description field?


« Reply #1 on: November 29, 2010, 13:40 »
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The space you illustrate is for the "Consideration" you used to enter into a contract. In most contracts that is money, for instance you paid your model $20 for the model's time. It can also be something of value, such as "8 x 10 Glossy Print of the Image." At least in the U.S. you need to have paid some consideration in order to have a contract. As a Professional or Semi-Pro you can make it "1 hour of Commercial Photography Services." If all else fails, it has been common to place $1 in that spot if actually nothing passed hands.

J.G. Adams
www.jgadams.com

« Reply #2 on: November 29, 2010, 14:38 »
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I finally have a few images that will use the Alamy Model Release but I have one question.

The first paragraph ... who's name goes in that spot? Mine or the Models?

"For good and valuable Consideration of _____________ , herein acknowledged as received,"



I also have some shots from a few days before. Does it need another Model Release for the date or can I just add in Image numbers in the shoot description field?


You're wise to ask early on.

My comprehensive Model Release (probably from Getty) doesn't have a blank to fill in:

"For good and valuable consideration herein acknowledged as received..."

Get in the right habit and use a different Model Release for each day.

LSD72

  • My Bologna has a first name...
« Reply #3 on: November 29, 2010, 14:42 »
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That line is the one in question as to whos name goes in it. Using Alamys Model Release form. You can see the form here:

http://www.alamy.com/contributors/Alamy-stock-photography-model-release-form.pdf

From how it looks. I would guess its the Models name that goes there.

Or am I totally off base by reading J's post and this should be for what is given to the Model? If it is Copies of the Photos.. then put "Disk of Photos" or something like that.

If it is like this.. and a friend did it for nothing.. then put what in there?
« Last Edit: November 29, 2010, 14:46 by LSD72 »

« Reply #4 on: November 29, 2010, 15:09 »
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Reading it, it sure looks like the space is for the specifics of the consideration.  I'd use a different release, like the Getty release iStock uses.

« Reply #5 on: November 29, 2010, 15:10 »
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The Alamy form really does a good job of showing where the Model and Photographer's information goes. If the clause where the word Consideration is the place you are questioning then what I am saying about giving something of value to receive the rights to the image is what I am trying to talk about.

Put $1 and tell your friend you owe the money if there is a question. Buy your friend a cup of coffee or something. Put "one-cent" if or if you would like put "Nothing." Legally (at least according to what I knew as a Financial Services "Knowledge worker") A contract requires consideration (I will give you X) and performance (if you will do, or give me Y). Without both there is no contract.

Getty's release does it differently, but the result is the same. The first paragraph starts, "For Consideration herein acknowledged received..." and in definitions says "'CONSIDERATION' , means $1 or something else of value..."

The only person who would challenge the consideration in court would be your friend. It is old common law and I would doubt that there would be a challenge from a friend or relative in court. I would not know Alamy's stand. I would guess they have an attorney that would make you put something there, or they would not have left that part in. If it were me, I would put $1.

This question is why I don't do people. I hope there is a lawyer out there that can clarify.

And I didn't think I was going to have to use my left brain today. Oh, well...

J.G. Adams
www.jgadams.com

LSD72

  • My Bologna has a first name...
« Reply #6 on: November 29, 2010, 16:24 »
0
Ok. Thanks for the help. I just went with the "One Dollar" in that spot.  ;D

« Reply #7 on: November 29, 2010, 16:34 »
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My generic MRF comes from iStock/Getty (apart from some minor modifications) and it mentions
Quote
"CONSIDERATION" means $1 or something else of value I have received in exchange for the rights granted by me in this release.


 

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