portrait model releases/copyright

I'm opening a portrait studio here in the UK, and would like to know what (if any) measures other photographers take with regard to agreeing usage and copyright etc with clients (not talking about industrial/commercial work as I would expect to negotiate that on an individual basis, but family portraits etc). Is a document similar to a model release the usual thing or would you incorporate some terms and conditions into the invoice? Any info much appreciated.

--John Carolan
http://www.darklightphotography.co.uk

You only need a model release if you want to publish, exhibit, display etc. the Photographs. If you take a picture of a person, they always have the portrait-rights (correct English?). You only have the copyrights, nothing more.

If your goal is to take pictures of families and sell them the prints, then you do not need a release. If you ask them to sign a model release, then you should pay them.

Greetings, Hendrik

John Carolan said:

I'm opening a portrait studio here in the UK, and would like to
know what (if any) measures other photographers take with regard to
agreeing usage and copyright etc with clients (not talking about
industrial/commercial work as I would expect to negotiate that on
an individual basis, but family portraits etc). Is a document
similar to a model release the usual thing or would you incorporate
some terms and conditions into the invoice? Any info much
appreciated.

--
John Carolan
http://www.darklightphotography.co.uk

Click to expand...

thanks Hendrik, but what do you mean by 'portrait-rights' that they own the print? Or do they have some influence over the usage I put the photographs to? If I retain copyright I assume that means I can use the photographs as I see fit, possibly for self promotion etc? I dont want a customer trying to sue me if for example I use a photo I took of them on an advertisment for my business.

Hendrik van der Veen said:

You only need a model release if you want to publish, exhibit,
display etc. the Photographs. If you take a picture of a person,
they always have the portrait-rights (correct English?). You only
have the copyrights, nothing more.

If your goal is to take pictures of families and sell them the
prints, then you do not need a release. If you ask them to sign a
model release, then you should pay them.

Greetings, Hendrik

Click to expand...

John,

You have copyright in that in theory the clients must not get the prints copied; in practise you will find this very hard to police. Mostly they will just scan the prints; it will be rare for you to get reprint orders.

If you want to use a portrait client's picture for self promotion you do - far safety - need a model release and a signature. Pay them something, if only a £.

Have you worked in a portrait studio before> I wish you luck!
Jerome Y.

If they buy a print, they own the print. They can do whatever they want except they can’t publish or display the image to the general public. You are the maker and the copyright owner, so they have to ask your permission.

BUT THEY HAVE INFLUENCE OVER THE USAGE!

They have rights, and in the Netherlands, we call them ‘Portrait rights’. This means that they own the right of there portrait. If you want to use their portrait eg for display or self-promotion, you must ask for their permission. If you fail to do that, they can claim their right (and your money).

A model can give you their portrait rights by signing a ‘model release form’. Only with this form, you can display or publish your pictures. And you pay them, if they sign a release form.

John Carolan said:

Hendrik van der Veen said:

You only need a model release if you want to publish, exhibit,
display etc. the Photographs. If you take a picture of a person,
they always have the portrait-rights (correct English?). You only
have the copyrights, nothing more.

If your goal is to take pictures of families and sell them the
prints, then you do not need a release. If you ask them to sign a
model release, then you should pay them.

Greetings, Hendrik

Click to expand...

Click to expand...

thanks Hendrik and Jerome. And no Jerome I havent worked in a portrait studio before(!), got myself a fine art degree then worked in an advertising/commercial studio for a while, recently decided what the hell its about time I did my own thing, but need to increase my knowledge of work issues with regard to portrait work and working with members of the public rather than commercial clients. Taking the photos is the easy part its the workaday issues that I need to straighten out! Usage, pricing, tax, insurance, etc etc. Pricing is a real bugbear, especially as I've started getting enquiries from business people for corporate work and some commercial work also, (I didnt handle any of that side when I worked in a studio...).

Is there a standard US form for release of copyright, or just giving someone the right to publish an image?

Thank's..

--
Jim DeLuco
DeLuco Photography
http://www.delucophoto.com