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Author Topic: model and property releases  (Read 16135 times)

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eyeCatchLight

  • Imagination is more important than knowledge.
« on: September 16, 2009, 11:24 »
0
Hello,

I am new to microstock... and totally confused about all the model and property release things. I hope I don't post into the wrong section, but I found no section for this...

So at first, when exactly do you need a model release? I have two examples of photos below where you don't see the person's face, hence...no model release? Even if the person is the main subject of the photo? (I won't actually use those, they're just snapshots of my friends ;-)), just as an example)

And then what makes me much more confused are all the property releases..... I mean I can never be sure to be alright if I don't go into each of the buildings of my pictures and ask... For example I took a picture of the Alaska railway. Is it protected, do I have to remove their logo from the train, etc etc...... :-(

I also took a good picture of New York Times Square. But with all the logos....brand names, etc. Can I upload it?? Even if I remove them all (which is practically impossible), that would not be Times Square then...

Thank you so much for your answers!
S.


« Reply #1 on: September 16, 2009, 12:28 »
0
Istock recently posted an article regarding model releases that may be helpful.

http://www.istockphoto.com/article_view.php?ID=648

eyeCatchLight

  • Imagination is more important than knowledge.
« Reply #2 on: September 16, 2009, 13:34 »
0
Oh thanks! Reading this I conclude that for both pictures I'd need model releases. Right?

What about the logo on a railway?

And Times Square?

Thank you so much! :-))

« Reply #3 on: September 16, 2009, 13:36 »
0
Read around here for a bit:
http://www.danheller.com/model-release.html

All sites have different levels of concern for risk as to what you will need a release for.

« Reply #4 on: September 16, 2009, 14:21 »
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What about the logo on a railway?

And Times Square?


Logo (any) remove them or submit as editorial.
Times Square: Submit as editorial.

-Larry

« Reply #5 on: November 22, 2009, 13:37 »
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On a tangent (I didn't want to start a new thread for this), does the witness on a Model Release need to be a third person, not the Model or Photographer? Its a simple question, but I would like to clarify.

« Reply #6 on: November 22, 2009, 14:13 »
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On a tangent (I didn't want to start a new thread for this), does the witness on a Model Release need to be a third person, not the Model or Photographer? Its a simple question, but I would like to clarify.

Yes.  And if it's a release for a minor, it needs to be a fourth person (not the model, the signing parent or guardian or the photographer).

« Reply #7 on: November 22, 2009, 14:23 »
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On a tangent (I didn't want to start a new thread for this), does the witness on a Model Release need to be a third person, not the Model or Photographer? Its a simple question, but I would like to clarify.

Yes.  And if it's a release for a minor, it needs to be a fourth person (not the model, the signing parent or guardian or the photographer).

Thankyou.

« Reply #8 on: November 22, 2009, 18:42 »
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Yes.  And if it's a release for a minor, it needs to be a fourth person (not the model, the signing parent or guardian or the photographer).
On the Getty/iStock release (which I use now with site logo removed) and for a minor model, the name of the model should be filled in but the model doesn't have to sign. Only 3 signatures are still needed: photog, parent/guardian, witness.

« Reply #9 on: November 22, 2009, 19:16 »
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On the Getty/iStock release (which I use now with site logo removed) and for a minor model, the name of the model should be filled in but the model doesn't have to sign. Only 3 signatures are still needed: photog, parent/guardian, witness.

True, and I never suggested otherwise.  My point is that there are now four people involved: a model, a parent/guardian, a photographer and a witness.  For every release but iStock's, only two of the four sign.

« Reply #10 on: November 23, 2009, 04:39 »
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True, and I never suggested otherwise.  My point is that there are now four people involved: a model, a parent/guardian, a photographer and a witness.  For every release but iStock's, only two of the four sign.

But that has always been like that: also DT and SS ask a witness (third person) to sign. The only PITA of iStock's release is that they require the bday of the model and a photo ID.

RT


« Reply #11 on: November 23, 2009, 06:02 »
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The only PITA of iStock's release is that they require the bday of the model and a photo ID.

You don't have to supply a photo ID, just attach a photo of the model that's all.

« Reply #12 on: April 20, 2010, 05:22 »
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...On the Getty/iStock release (which I use now with site logo removed) ....
You can still use this for Dreamstime? Mine got rejected.

« Reply #13 on: April 20, 2010, 07:27 »
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...On the Getty/iStock release (which I use now with site logo removed) ....
You can still use this for Dreamstime? Mine got rejected.
Really? Mine got all accepted. What was the remark?

« Reply #14 on: April 20, 2010, 07:37 »
0
...On the Getty/iStock release (which I use now with site logo removed) ....
You can still use this for Dreamstime? Mine got rejected.
Really? Mine got all accepted. What was the remark?
Rejection reason: "Your MR document is governed by the laws of a different country than the model's or photographer's and other than US..."

« Reply #15 on: April 20, 2010, 08:15 »
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...On the Getty/iStock release (which I use now with site logo removed) ....
You can still use this for Dreamstime? Mine got rejected.
Really? Mine got all accepted. What was the remark?
Rejection reason: "Your MR document is governed by the laws of a different country than the model's or photographer's and other than US..."

I just uploaded the IS release, with logo and address removed, last week to the other sites and it got accepted. In the second paragraph on the left in the IS release it says "...this release is irrevocable. worldwide and perpetual, and will be governed by the laws (excluding...etc). Change it to read "I agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws of the country/state." That should do it.

« Reply #16 on: April 20, 2010, 09:33 »
0
...On the Getty/iStock release (which I use now with site logo removed) ....
You can still use this for Dreamstime? Mine got rejected.
Really? Mine got all accepted. What was the remark?
Rejection reason: "Your MR document is governed by the laws of a different country than the model's or photographer's and other than US..."
I just uploaded the IS release, with logo and address removed, last week to the other sites and it got accepted. In the second paragraph on the left in the IS release it says "...this release is irrevocable. worldwide and perpetual, and will be governed by the laws (excluding...etc). Change it to read "I agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws of the country/state." That should do it.
Thanks for your help.
Few questions:
Did iStock accept the altered MR or did you post it there as original unaltered?
Did you alter the document digitally after signing or do you get your models to sign 2 versions of it??


« Reply #17 on: April 20, 2010, 10:02 »
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For IS, you use exactly as it appears on their release. Then I altered to use for the other sites, BEFORE the model signs, as I may have different models. This serves as a master. Then I had my model sign 2 different releases, one for IS and one for other sites, so I have originals on file.

« Reply #18 on: April 20, 2010, 10:16 »
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For IS, you use exactly as it appears on their release. Then I altered to use for the other sites, BEFORE the model signs, as I may have different models. This serves as a master. Then I had my model sign 2 different releases, one for IS and one for other sites, so I have originals on file.
Thank You.

« Reply #19 on: April 20, 2010, 10:50 »
0
...On the Getty/iStock release (which I use now with site logo removed) ....
You can still use this for Dreamstime? Mine got rejected.
Really? Mine got all accepted. What was the remark?
Rejection reason: "Your MR document is governed by the laws of a different country than the model's or photographer's and other than US..."
Yes, I had that too once. The country you fill in should be either (a) your own (as photographer), (b) that of the model, (c) the US+state. In my case it was a mistake of them since I filled in 'Belgium' (my official country of residence) but they couldn't read my address well (font too small, pt 7.5). They accepted the release anyways after my explanation. I changed my address now to pt. 9 which shows well on the release (I upload 1024px small side).
The reason I put in 'Belgium' (my country of residence) as jurisdiction is that in the very unlikely case of litigation, I don't want to travel to the US and I certainly don't want any case before a Filipino court.
« Last Edit: April 20, 2010, 12:26 by FD-amateur »

« Reply #20 on: April 20, 2010, 10:55 »
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For IS, you use exactly as it appears on their release. Then I altered to use for the other sites, BEFORE the model signs, as I may have different models. This serves as a master. Then I had my model sign 2 different releases, one for IS and one for other sites, so I have originals on file.

It's such a mess... My generic release (IS/Getty logos removed) has been accepted by all sites, included IS (of course). I just enlarged some fonts on their release and added more space for the signature. Download here (MS-word format converted from PDF).

« Reply #21 on: April 20, 2010, 11:56 »
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My generic release (IS/Getty logos removed) has been accepted by all sites, included IS (of course).

That's good to know. That will at least get it down to just one release used by all sites. So if I understand you correctly...I am in the US, so for the country language in the second paragraph I could just change to "I agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws of the United States"?

« Reply #22 on: April 20, 2010, 12:19 »
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That's good to know. That will at least get it down to just one release used by all sites. So if I understand you correctly...I am in the US, so for the country language in the second paragraph I could just change to "I agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws of the United States"?
I guess you will have to add the US state too, since laws might be different per state. IS mentions "New York".
I just had a look at the DT and SS releases, and there is no mentioning of any country of jurisdiction. So perhaps it's overkill, but the simplest way to go is follow the IS release since they are the strictest.

« Reply #23 on: April 20, 2010, 12:50 »
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OK thanks.

« Reply #24 on: April 20, 2010, 13:47 »
0
That's good to know. That will at least get it down to just one release used by all sites. So if I understand you correctly...I am in the US, so for the country language in the second paragraph I could just change to "I agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws of the United States"?
I guess you will have to add the US state too, since laws might be different per state. IS mentions "New York".
I just had a look at the DT and SS releases, and there is no mentioning of any country of jurisdiction. So perhaps it's overkill, but the simplest way to go is follow the IS release since they are the strictest.
Thanks!


 

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