A Digital Photographer's Guide To Model Releases: Making The Best Business Decisions ....

DESCRIPTION

Scenario: You're at your kid's soccer match at school and you're taking pictures. Being the photo buff that you are, you get everythingkids scoring goals, parents screaming from the sidelines, the popcorn vendor, and fans in the stands. Later, you show the pictures to some of the people, and find that some want to buy a print for themselves. This becomes a popular event, and over time, your reputation grows. The local newspaper gets wind of your talent and wants to license a few photos so it can put some in the paper for an article on the school's sports curriculum. Perhaps some shots are so good that the local gift shop wants to sell enlargements of the shot you took of the winning goal at the state championships. All's going well, until someone tells you that you can't do any of these things unless the people in the photos sign a "release" allowing you to use their pictures.

This and other virtually identical scenarios illustrate a most common situation in which a photographer has to decide whether he needs a release from the people he is photographing. Whether it's a school game, a music concert, an amusement park, or a professional-league gamethe circumstances may varybut it's all about the same thing: What are people's rights concerning their own likenesses, and what are the rights of the photographer to use those photos?

This book takes readers through the decisions and business opportunities that are affected by photographing people and model releases.

Table of Contents
INTRODUCTION: HOW WE GOT HERE.

PART 1: EVERYONE'S DOING IT. SO WHAT'S WRONG?

Preempting Misinformation.
How to Think About Model Releases.
Hey, You're Not a Lawyer.
Remember: It's Just Business.
Working with Your Clients' Lawyers.

PART 2: WHAT'S A MODEL RELEASE?

Getting on the Same Page.
Who is Responsible?
Litigation in a Nutshell.
Minimizing Your Involvement.
The Licensee's Responsibility.
How was the Image Acquired?
Was the Release Status Understood?
The Practical Approach.
The Role of Ethics.
War Stories from the Muddy Middle.
When the Best Intentions Go Awry.
Pay the Quarter to Avoid the Parking Ticket.
The Bottom Line in Business.

PART 3: UNDERSTANDING "USE".

Defining "Publishing".
Understanding Commercial Use.
Understanding Editorial Use.
Satire and Humor.
Artwork.
Blurred Lines.
The Perils of Publicizing.
Self-Publishing and Self-Promotion.

PART 4: ANALYZING THE NEED FOR A MODEL RELEASE.

Risk Analysis: The Three Key Questions.
How is the Photo to be Used?
Is the Subject Clearly Recognizable?
How Did You Take the Picture?
Model Releases and Compensation.

PART 5: DISSECTING A MODEL RELEASE.

Contract Authorship and the Spectrum of Risk.
Your Own Model Release.
Boilerplates Gone Bad.
A Simple Sample Model Release.
Revising a Release.
Considerations for Editorial Uses.

PART 6: DEALING WITH PHOTOS OF PROPERTY.

Understanding Copyrights.
Copyrights ProtectExpression.
When Being Inspired Is Not Copying.
Establishing Copyright.
Understanding Trademarks.
Trademarks Protect Identity.
Limits to Trademark Protection.
Assessing Value.
Implications for Model Releases.
Testing the Trademark System.
The Rock and Roll Hall of Fame.
Hearst Castle.
Navigating the Trademark and Copyright Office Web Sites.
Considerations for Copyrights.
Editorial Use.
Public Display.
Art and Commentary.
Found Art.
Satire.
Special Considerations for Photos of Buildings.
Commercial Buildings.
Personal Homes.

PART 7: THE BUSINESS OF LICENSING.

Who Owns What?
Work-for-Hire Contracts.
Non-Work-for-Hire Contracts.
Licensing Agreement Basics.
Signed License Agreements.
The Indemnity Clause.
Negotiation 101: The Quid Pro Quo.
The Unsigned "Implicit" Agreement.

INDEX.