| In this section we provide and discuss personal release
agreements that permit the use of a person's name and image.
Personal releases are often referred to as model releases,
although the term "model" can be used for anyone, not just
professional models. There are two classes of personal releases:
blanket releases and limited releases.
- A blanket release permits any use of the photographic
image of the person signing the release and is suitable
if the company or photographer needs an unlimited right
to use the image. Stock photographers who sell their photos
for unlimited purposes commonly use blanket releases.
- Celebrities and professional models usually sign limited
releases that specify the particular ways their image and
name may be used. If a use exceeds what's permitted under
the limited release, the person can sue for breach of the
agreement. For example, a model that signed a release limiting
use of her image for a museum brochure sued when the photo
appeared on a Miami transit card.
Later, in Section D, we will introduce two other types of
releases: a release for an interview and release to use an
image of building.
1. General Rules for Releases
In addition to the specific legal rules for releases discussed
throughout this chapter, some general advice is helpful when
dealing with release situations.
a. Get It in Writing
Although oral releases are generally valid, you should always
try to get a release in writing. This way, the model can't
claim he or she never agreed to the release. In addition,
the terms of an oral release can be hard to remember and even
harder to prove in court if a dispute arises.
b. Make It Clear
When a release is sought for a specific purpose, do not hide
or misrepresent facts to get the signature. A fraudulently
obtained release is invalid. For example, a model was told
that his image would be used by an insurance company and signed
a blanket release based upon that statement. However, a viaticals
company that pays cash for life insurance policies owned by
AIDS victims used the photo. A Florida court permitted the
model to sue.
c. Keep It Simple
Release agreements usually do not include many of the legal
provisions found in other agreements in this book. Instead,
releases are usually "stripped down," and pose less likelihood
of triggering a discussion or negotiation. So keep your release
short and simple (see tip below).
You may find it easier to obtain a signed release if you
shrink the release information to the size of a 3x5 or 5x7 card. Photographers have found that photo subjects find the smaller
documents less intimidating. Some photographers reduce the material
to a font size that fits on the back of a business card. However,
if the contract is difficult to read, it will be less likely
to be enforceable.
d. Get the Right Signatures
There are two requirements for the signature on a release:
it must be an informed consent, which means that the person
signing the release understood it; and the person signing
must have the authority to grant the release.
In the majority of states, a minor is any person under 18
years of age, although in some the age may be 19 or 21. Since
a minor may not understand the terms of a release, the signature
of a parent or guardian is required before using a minor's
name or image.
EXAMPLE: A 16-year old boy was photographed on the
beach at Cape Canaveral and signed a release; his parents
did not. The photo was later used on the cover of a novel
about a gay adolescent. The father sued the publisher and
settled out of court.
In some cases, an agent representing the person may have
the authority to sign a release. For example, an agent signed
a release granting an unlimited time period for use of a model
's image in a Nintendo advertisement. The model had intended
that the image only be used for one year. A court held that
the agent had the authority to sign the release on behalf
of the model and the release was binding.
It is always preferable to have a release signed by the subject,
not an agent. When dealing with an agent, seek an assurance
that the agent has the legal authority to sign. This can be
done by including the statement, "I am the authorized agent
for [name of model]" above the agent's signature line.
Get a release signed ASAP. It is sometimes difficult
to track down a subject after a photo has been created and there
is less incentive for the subject to sign a release later at
a later date. Therefore, most photographers obtain releases
prior to or directly after a photo session or when the model
is paid.
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Consideration: Paying for a Release |
|
A contract is legally binding only if each party
obtains something of value (referred to as "consideration")
in return for performance of obligations. For
this reason, releases traditionally stipulated
payment of a nominal amount such as one dollar.
However, most courts now take a modern approach
to contract law and accept the fact that consideration
can be implied and an actual payment is not mandatory.
Each release in this chapter establishes that
the contract has met the consideration requirement
by beginning with the statement, "For consideration
which I acknowledge...." However, to fortify this
position, you may wish to make a payment --even
if nominal-- to the person signing the release
and indicate the amount of the payment somewhere
in the release. |
|
2. Unlimited Personal Release Agreement
The following form is an unlimited or blanket release agreement.
It permits you to use the model's image and name in all forms
of media throughout the world forever.
A tear-out copy of this form is in the Appendix at the end
of this book. A digital version is on the forms disk.
 |
The Unlimited Personal Release Agreement is on the forms disk
under the file name PRSRLSUL.
| Unlimited Personal Release
Agreement
Grant
For consideration which I acknowledge, I irrevocably
grant to _______________________ ("Company")
and Company's assigns, licensees and successors
the right to use my image and name in all forms
and media including composite or modified representations
for all purposes, including advertising, trade
or any commercial purpose throughout the world
and in perpetuity. I waive the right to inspect
or approve versions of my image used for publication
or the written copy that may used in connection
with the images.
Release
I release Company and Company's assigns, licensees
and successors from any claims that may arise
regarding the use of my image including any
claims of defamation, invasion of privacy, or
infringement of moral rights, rights of publicity
or copyright. Company is permitted, although
not obligated, to include my name as a credit
in connection with the image.
Company is not obligated to utilize any of
the rights granted in this Agreement.
I have read and understood this agreement and
I am over the age of 18. This Agreement expresses
the complete understanding of the parties.
Name: ___________________________________________
Date: _________________
Signature: _______________________________________________________________
Address: _________________________________________________________________
Witness Signature: _________________________________________________________
Parent/Guardian Consent [include if the
person is under 18]
I am the parent or guardian of the minor
named above. I have the legal right to consent
to and do consent to the terms and conditions
of this model release.
Parent/Guardian Name: ________________________________
Date: _______________
Parent/Guardian Signature: _________________________________________________
Parent/Guardian Address: ___________________________________________________
Witness Signature: _______________________________________________________ |
|
3. Limited Personal Release Agreement
The following form is a limited personal release agreement.
It allows you to use the model's name or image only for the
purposes specified in the agreement.
A tear-out copy of this form is in the Appendix at the end
of this book. A digital version is on the forms disk.
|
The Limited Personal Release Agreement is on the forms disk
under the file name PRSRELLT.
| Limited Personal Release
Agreement
Grant
For consideration which I acknowledge, I grant
to ___________________________________________
("Company") and Company's assigns, licensees
and successors, the right to use my image for
the following purposes:
_________________________________________________________________________________
________________________________________________________________in the following territory
___________________________________________for
a period of ____________ year(s) (the "Term").
I grant the right to use my name and image
for the purposes listed above in all forms and
media including composite or modified representations
and waive the right to inspect or approve versions
of my image used for publication or the written
copy that may be used in connection with the
images.
Payment
(select if appropriate)
____ For the rights granted during the Term,
Company shall pay $ ______________ upon execution
of this release.
Renewal
(select if appropriate)
____ Company may renew this agreement under
the same terms and conditions for ________________________
year(s) provided that Licensee makes payment
of $ ____________ at the time of renewal.
Release
I release Company and Company's assigns, licensees
and successors from any claims that may arise
regarding the use of my image including any
claims of defamation, invasion of privacy, or
infringement of moral rights, rights of publicity
or copyright. Company is permitted, although
not obligated, to include my name as a credit
in connection with the image.
Name: _________________________________________________
Date: ____________________
Signature: ______________________________________________________________________
Address: _______________________________________________________________________
Witness Signature: _______________________________________________________________
Parent/Guardian Consent [include if the
person is under 18]
I am the parent or guardian of the minor named
above. I have the legal right to consent to
and do consent to the terms and conditions of
this model release.
Parent/Guardian Name: _________________________________________
Date: ____________ Parent/Guardian Signature:
_______________________________________________________
Parent/Guardian Address: _______________________________________________________
Witness Signature: ____________________________________________________________ |
|
4. Explanation for Limited and Unlimited
Personal Releases
- The grant paragraph establishes the rights granted by
the person. In the unlimited agreement, a "blanket" grant
is used. This grant is broad and intended to encompass all
potential uses whether informational, commercial or otherwise.
In the limited agreement, the uses must be listed--for example,
"For use on the cover of trade book and for related advertisements."
This release also has limitations regarding territory and
term. Insert the appropriate geographic region and term
--for example, "North America with a two-year term. "
- The release is the person's promise not to sue the company
for legal claims such as libel and invasion of privacy.
- If the person is a minor, the parent or guardian should
sign where it is marked parent/ guardian consent (see Section
C1). Since issues about release authenticity often crop
up many years after a photo was made, a witness should sign
the agreement to verify the person's signature or the signature
of the parent. The witness should be an adult. An employee
or assistant is suitable.
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©2005-2008 The Board of Trustees
of the Leland Stanford Junior University. With the exception of the Nolo Copyright and Fair Use Overview, this work is
licensed under a Creative Commons
Attribution-Noncommercial 3.0 United States License.