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Microstock Photography Forum - General => General Photography Discussion => Topic started by: ap on September 23, 2009, 01:32

Title: trademark and model release issues outside of stock
Post by: ap on September 23, 2009, 01:32

i know stock agencies are a stickler for not violating trademarks and getting model releases even for a man in a mask or a crowd of people. however, when you're working outside the stock arena, how strict are you pro photogs about these when handing over photos for a commercial project (ie a book or calendar, etc.)? do you provide these releases and/or airbrush trademarks? i'd be curious to know.

Title: Re: trademark and model release issues outside of stock
Post by: madelaide on September 23, 2009, 05:34

All my sales directly with the buyer were for editorial purpose and anyway had no model/property issues.  Nevertheless, I would not sell a photo for commercial purpose without a release, if it was the case.

Title: Re: trademark and model release issues outside of stock
Post by: Randy McKown on September 24, 2009, 00:09

anything commercial we use standard release forms, etc. For private portrait clients we do not make them sign release forms .. even if we plan on using their images on our site, advertisements, etc.

Title: Re: trademark and model release issues outside of stock
Post by: ap on September 24, 2009, 21:01

thanks madelaide and xposurepro for your expertise. one company i'm talking to actually don't care about having releases. should i worry for them or is it coming back to me as the originator of the photo?

Title: Re: trademark and model release issues outside of stock
Post by: madelaide on September 24, 2009, 21:35

It's not about the company caring or not having a MR/PR, it is about the subject in the photo allowing the use.

Are you negotiating the image as RF or RM? If RM, you can clearly specify in the contract/invoice what is the allowed use of the image.  If there is a person in it and you don't have a release, you should not sell it for commercial purposes, as you don't know if the person would have allowed it.

I've read many times that it is actually the final user's responsability to be legally correct on this matter, but I would not like to know a photo I shot was used incorrectly and that I did not take any attempt to prevent it.  The terms in contract/invoice would be your proof that you acted correctly.