Model Release

jpc

I know this topic has been discussed repeatedly, but nevertheless, I need opinions.

I have the following clause in the Terms and Conditions section of my contract:

JPCP reserves the right to use images created under this contract for advertising, display, publication, or other purposes. By signing this contract, you warrant that you have the authority to agree to the use of the likeness of all persons photographed, in this manner, and shall indemnify and defend JPCP in the event of litigation arising out of such use.

Question: If my only intention is to use the photos in my online portfolio, do I need a formal Model Release, or is this clause enough?

johng

in the US, you don't need a release of any kind for your portfolio - online or otherwise. The clause should certainly be sufficient.

Angelo

johng wrote: »

in the US, you don't need a release of any kind for your portfolio - online or otherwise...

John is correct

and once you start playing attorney, writing language into a contract, you'd better be damn sure you understand the potential implications. I see a couple of boo-boos in your clause.

There's an old saying: "A man who represents himself has a fool for an attorney" - there's value in those words.

.

jpc

Thanks, John.

Angelo - Care to point out the "boo-boos"?

Angelo

jpc wrote: »

Thanks, John.

Angelo - Care to point out the "boo-boos"?

OK but only briefly because I don't want to encourage you with the empowerment of moving forward in this manner. As john said, you do not need a release for self promotion.

you presented your clause as:

JPCP reserves the right to use images created under this contract for advertising, display, publication, or other purposes. By signing this contract, (1) you warrant that you have the authority to agree (2)to the use of the likeness of all persons photographed, in this manner, and shall indemnify (3)and defend JPCP in the event of litigation arising out of such use.

(1) this is redundant. to "warrant" is to authorize
(2) one person cannot authorize for another person (unless it's a parent/child, guardian/ward situation in which case you would require specific language to that effect)
(3) a client can not be contractually required to "defend" you against litigation by a third party

jpc

Thank you for clarifying. If the clause isn't necessary, I could remove it entirely, but that could be problematic down the road. I need to leave something in there that let's them know that their pics might end up in my portfolio. Most people (myself included, until now) are not aware that a release isn't necessary, for self-promotion.

I recently had a potential client object to the fact that their child's picture would be "on the internet". I'm not sure how I'm going to handle it yet, but I would much rather be having the conversation now, before the session, than after they saw their kid's picture in my portfolio.

Any further thoughts on this?

fredjclaus

As I know it you own the rights to all your pictures. You have the right to use them for self promotion without written permission from anyone. Keep in mind, none of us are lawyers so don't take what we say as legal advise. I would leave it in the contract however in some form just as a notice that you will be using the pictures.

As for the mom who doesn't want her kids picture on the net I'd say this. Assure her that you will only be using it for promotional purposes and ask for permission. If she objects, then it's simple. Don't use it. Yes you have every right to use the image. If you go ahead and use it after the parent objects however, that can just cause you unwanted problems later on. There will be more children you don't NEED this ones picture.


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