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02-15-2014, 09:59 PM   #1
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Funky model release?

Hey all,
So I may be doing some work for a client. However, I have a question regarding model release for a third party model(s). The client will be having models to be used as part of the photography. That is, my work and contract is with the client but I will be photographing the models (as well as the client).

Would I set the model release between:
a) my company and the model?
b) client and the model (in which case, they setup their own model release)
c) my company and my client ... and the model?

Thanks in advance!

02-15-2014, 11:54 PM   #2
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You and the model(s), but state that it's for a client. I presume you already have a contract with the client?
02-16-2014, 12:03 AM   #3
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Yup I have a contract with the client already.
I will make note on the model release that the photos are for the client.

Thanks! This has been very timely!
02-16-2014, 02:54 AM   #4
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No probs. One other option would be that the client could make a contract with the model, just a thought.

02-16-2014, 07:39 AM   #5
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You live in Canada. The model release should be between you and the model. Although you are providing the images to the client "for hire," and maybe the client is hiring the models, but ultimately you will still retain copyright for any and all images you produce and the client is essentially licensing them from you. Even absent a contract, this is how the rights of creators is dealt with in Canada. Any contract would have to specifically negate this to change how it works. This means that the model has to respect this as well (they cannot later on say "I no longer allow you to show that image of me!")
02-16-2014, 03:15 PM   #6
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Ah that's right, the copyright now lies with the photographer in Canada.
I will have the release be between myself and the model and note who the client is.
02-16-2014, 03:30 PM   #7
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QuoteOriginally posted by panoguy Quote
You live in Canada. The model release should be between you and the model. Although you are providing the images to the client "for hire," and maybe the client is hiring the models, but ultimately you will still retain copyright for any and all images you produce and the client is essentially licensing them from you. Even absent a contract, this is how the rights of creators is dealt with in Canada. Any contract would have to specifically negate this to change how it works. This means that the model has to respect this as well (they cannot later on say "I no longer allow you to show that image of me!")
Interesting.

02-16-2014, 03:58 PM   #8
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QuoteOriginally posted by dugrant153 Quote
Ah that's right, the copyright now lies with the photographer in Canada.
I will have the release be between myself and the model and note who the client is.
QuoteOriginally posted by Giklab Quote
Interesting.
It's actually a pretty good situation for the photographer. My biggest photography client requests a pretty exclusive and perpetual license, but when I told them how much it would cost for them to assert copyright on the images (a full buyout contract, which I've made prohibitively expensive), they balked and took the licensing agreement. Another client, from the US, provided me with their "standard contract" which included ownership of full copyright, and I pointed out that I live in and have my business in Canada. This led to more negotiations with their legal team, and eventually a very lucrative contract to include the full buyout. I don't relinquish copyright easily!
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