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Author Topic: Witness for model release  (Read 9539 times)

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ianhlnd

  • tough men are pussys
« on: April 09, 2007, 21:03 »
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I guess I musta missed it, but shutterstock now wants a witness for model releases.  I don't get a chance to log on very often, and hadn't seen it on this site or SS, but it probably was.

I can understand the need for model releases, but a witness?  If somebody is faking a model release, what would stop them from faking the witness.

What's next?  photo id's, photo's of the person signing, or holding the release in a picture that's date marked, or even notarized?

If that's the policy, why not go through all the pictures and freeze the ones that don't have witnesses until a witness signs a revised release?

Confused at sea


« Reply #1 on: April 09, 2007, 22:04 »
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It's a hassle but a bunch of microstocks have that rule (DT, itock).  In some cases you need a witnessed model release for a self-portrait ... that's taking it a little far, I think.
I just have a bunch of witness releases that my "usual witness" = my husbands signs and keep them around.  It is a real hassle if you want to submit to a microstock that has your MRs (without witness) on file and now, all of a sudden, they want a new one for a model that you have submitted pics for for some time (no witness).  That's the case at DT.  The exchanging of the MRs is such a hassle that I basically stopped submitting to them.

 

« Reply #2 on: April 09, 2007, 22:59 »
+1
I guess I musta missed it, but shutterstock now wants a witness for model releases.  I don't get a chance to log on very often, and hadn't seen it on this site or SS, but it probably was.

I can understand the need for model releases, but a witness?  If somebody is faking a model release, what would stop them from faking the witness.

What's next?  photo id's, photo's of the person signing, or holding the release in a picture that's date marked, or even notarized?
I know someone that is faking releases would fake the witness signature, but that's not the real point of the witness signature. The main point is to avoid models being able to clam that they didn't know what they were signing, or they were drunk when they signed it, etc. What bbettina is doing defeats the whole purpose of the witness signature and would probably do more harm than good if the release was ever challenged.

As for photo id's, if you can't tell easily what the age of the model is then you should get a photograph of their id to prove that you checked. Just because they told you they were 18 won't legitimize the release. If it is good enough for the porn industry it is good enough for you  ;)

« Reply #3 on: April 10, 2007, 10:23 »
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Since my models are mostly our teenage babysitter and my toddler son's playmates the chance of them being drunk is rather minor and generally their parents are sober as well.  Moreover I reject the notion that only because the witness is my husband he is unable to make a legal and professional decision.  Since I don't have an assistant (but a day job, a child and am trying to take pictures) the other option is to pull somebody off the street and ask that person to sign as a witness.  I wonder which one is better ....


« Reply #4 on: April 10, 2007, 18:31 »
+2
Moreover I reject the notion that only because the witness is my husband he is unable to make a legal and professional decision. 
You gave the impression that your husband "pre"-signs a bunch of releases as the witness that are then later signed by your models. If that's the case, not only would it not help you in court but the likely result would be that it would hurt you. That's all that I was saying. If that's not the case, then it doesn't apply to you.

I didn't say your husband was unable to make a legal and professional decision, only that if he is signing as a witness and not actually witnessing the signature of the model at the time the model signs then he's not make a legal and professional decision.

« Reply #5 on: April 15, 2007, 13:10 »
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They suck, the just rejected a batch of mine which are of my wife, i've used the exact same release before and they have no problem now they aren't accepted because the release isn't good enough, I'm half expecting them to delete my other shots now.

« Reply #6 on: May 02, 2007, 05:00 »
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Quote
The main point is to avoid models being able to clam that they didn't know what they were signing, or they were drunk when they signed it

As for photo id's, if you can't tell easily what the age of the model is then you should get a photograph of their id to prove that you checked

I don't know how American laws regulates these situations, under Italian law (I'm Italian) if someone tells you that he is 18 and you, using and ordinary accuracy, can really believe he is 18, the contract is concluded and is valid it's a way to protect not only minors but even the ones who in bona-fide have been deceived by the minor.

Also for privacy laws I think that would be illegal to ask for ID's photos or scans, and normally a witness is requirede only for notary acts.

Now a question, in the contract betwenn me and the microstock agency is stated that me and the agency are under the law of United States, but the contract signed between me and the model is under italian law unless we have differently stated.

It is also stated that the agency is not responsible for copyrights infringements (and really I'm not sure it is a valid clause) and all responsabilities will be of the photographer, so why cannot I use my country laws to signs model release when any legal action from the model will not involve the agency?

« Reply #7 on: May 03, 2007, 00:01 »
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edited
« Last Edit: May 29, 2007, 21:13 by yingyang0 »

« Reply #8 on: August 14, 2015, 14:38 »
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I am new to microstock and didn't ask witnesses for model releases (I did shootings with more than 30 models in last few months). Mistake done but question is what site accept people images with model releases that do not have witness but all other information filled correctly? I have used standard Getty Images model release.

« Reply #9 on: August 14, 2015, 19:50 »
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I am new to microstock and didn't ask witnesses for model releases (I did shootings with more than 30 models in last few months). Mistake done but question is what site accept people images with model releases that do not have witness but all other information filled correctly? I have used standard Getty Images model release.

I don't know of any. Before I shot any models I researched model release requirements and site mailed Istock and DT. Since they required it for years I formatted my releases to include witness signatures.  Yes, it's a hassle but a reality of the business.



 

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