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Microstock Photography Forum - General => General Stock Discussion => Topic started by: phildate on October 14, 2009, 01:24

Title: Model Release Question
Post by: phildate on October 14, 2009, 01:24

I have a couple of questions regarding the model release. Anyone with a legal background who can answer - thanks in advance!

I have always required models under the age of 18 to have a parent present and sign the model release. However now we have a situation where a model was almost 20 but two and a half years after the shoot the mother is kicking up a fuss since she has seen an image used at a educational establishment where the woman does not attend. Her argument is that in Singapore, you must be 21 to legally sign a contract (I am still checking this out).

So where do I stand? All the model agencies require a minimum age of 18 and therefore that is what I have been using. However if it turns out that you need to be 21 before you can be a legally consenting adult in Singapore, does that mean my models have to be 21 to sign or since the MRF is legally binding under the law where the agency is (Calgary in iStock's example), do I go by the legal age in that country.

Any definitive answers would be most appreciative so I can go back to the irate mother and sort this out!

Title: Re: Model Release Question
Post by: RT on October 14, 2009, 03:50

Model releases are a legal contract between YOU and a MODEL only, agencies are nothing to do with it, they don't make the law even though you'd think they did. Agencies make demands about releases based on their own agenda, which they can do if they so please but that does NOT make it law.

If the legal age for signing a contract in Singapore without a parent/guardian counter signature is 21 then that is what you MUST comply with irrelevant of what any agency tells you.

Edited to add: The laws that apply to the release are those in which the shoot was conducted, so in your example if the shot was done in the UK but the shot was used in Singapore via an agency in the US, UK contract law applies.

Title: Re: Model Release Question
Post by: phildate on October 14, 2009, 04:04

Thanks for clearing that up. Actually it turns out that if the model is paid the legal age is 18 so we are ok.

Title: Re: Model Release Question
Post by: leaf on October 14, 2009, 04:29

Quote from: phildate on October 14, 2009, 04:04

Thanks for clearing that up. Actually it turns out that if the model is paid the legal age is 18 so we are ok.

glad to hear that things look to be on your side.

Thanks for the post RT