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Author Topic: "Self portrait" model release  (Read 1707 times)

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« on: September 09, 2015, 02:57 »
+1
How to fill in model release in "self portrait".

Situation could be for example that photographer has set up all the studio lightning, settings manually etc. but just ask his or her friend to press the shutter button because there is no tripod etc.

Or in other scenario it could be outdoors settings but in all cases the one who is pressing the shutter gives all the copyrights to you and approve you to use pictures in commercial way.

How to fill in model release in this case?

Do you upload them just as self portraits or if the one who is pressing the shutter is filled as photographer what has to be written in model release to make point that one who is model actually has the copyrights for the image?


« Reply #1 on: September 09, 2015, 07:41 »
0
How to fill in model release in "self portrait".

Situation could be for example that photographer has set up all the studio lightning, settings manually etc. but just ask his or her friend to press the shutter button because there is no tripod etc.

Or in other scenario it could be outdoors settings but in all cases the one who is pressing the shutter gives all the copyrights to you and approve you to use pictures in commercial way.

How to fill in model release in this case?

Do you upload them just as self portraits or if the one who is pressing the shutter is filled as photographer what has to be written in model release to make point that one who is model actually has the copyrights for the image?

I am not sure where you are but here is the guideline in the USA:

204 . Execution of transfers of copyright ownership

(a) A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner's duly authorized agent.

(b) A certificate of acknowledgment is not required for the validity of a transfer, but is prima facie evidence of the execution of the transfer if

(1) in the case of a transfer executed in the United States, the certificate is issued by a person authorized to administer oaths within the United States; or

(2) in the case of a transfer executed in a foreign country, the certificate is issued by a diplomatic or consular officer of the United States, or by a person authorized to administer oaths whose authority is proved by a certificate of such an officer.

You would need to retain proof of the transfer.  I would make a section on the release that states something along the lines that this image was a legal copyright transfer of ownership, paperwork on file.  Fill out the release with the actual photographer and in parenthesis indicate you as a transfer owner.  But I am not an attorney and I would ask each agency for which you plan to upload how they want you to handle it. This is important. If you don't bother to do that and you get caught, all of your hard work could go down the toilet in a blink. It's worth the effort to contact each agency and retain their response for reference in the future.

« Reply #2 on: September 09, 2015, 10:40 »
+3
Don't confuse a model release with a transfer of copyright.

The model release says that the person who is in the image is OK with the image being licensed for a wide range of uses. The agencies want to know who owns the copyright and you attest that you do when you upload (typically via something that says you agree with an artist supply agreement.

All the agencies will want a model release from you if you are the subject of the image - even if the camera is on a tripod and you're the one (or a timer is) that presses the shutter. In the case that you are the photographer, you can sign as both photographer and model. That release should probably be witnessed by someone other than you although for a while many agencies were OK with skipping that part (why would you sue yourself?).

Separately, you'll need a work for hire contract or a transfer of copyright if someone else presses the shutter for you. Styling the shoot doesn't give you copyright if someone else takes the picture, but if you "hire" that person, your contract can say that you own the copyright for anything they shoot for you.


 

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