1. DEFINITION OF TERMS
The following terms, which are used in this Agreement, mean:
1.1. Photography is a visual image on paper, transparent, electronic media of any format. Requirements for Photos:
- especially complex (most complex, medium difficulty) artistic photographs of works of art and objects of high artistic and historical value, as well as unique works of art;
- when performing artistic photographs, the Photographer develops and uses a unique technique;
- photographs are made out with explanations for solving the issues of lighting design of photo compositions;
- macro and micro photography;
- highly artistic photography of museum exhibits;
- impeccable quality of highly dynamic events and processes.
1.2. Work - a photograph created by a Photographer, hereinafter referred to as a work. The work will be published for the first time in the Russian Federation c.
1.4. Material medium - after creation, the work is transferred to the Customer at. The material medium of the work is transferred to the Customer as the property.
1.5. The moment of transfer of the right to the work - the work and the exclusive right to the work are transferred from the Photographer to the Customer at the moment of its transfer under the act (the contract may provide otherwise).
1.6. A photographer is an individual whose creative work will create a work. The photographer is the author.
2. SUBJECT OF THE CONTRACT
2.1. The photographer undertakes, upon the orders of the Customer, to create works stipulated by this agreement and, simultaneously with the transfer of each such work, to transfer to the Customer in full the exclusive right to the newly created work. The Customer pays the Photographer a fee, the amount of which is determined by this agreement.
2.2. In this case, the following rights will be transferred to the Customer:
2.2.1. The use of a work, regardless of whether the relevant actions are performed for the purpose of deriving profit or without such a purpose, in particular:
- reproduction of a work, that is, making one or more copies of a work or part of it in any material form, making one or more copies of a two-dimensional work in three dimensions. In this case, the recording of a work on an electronic medium is also considered a reproduction, except for the case when such a recording is temporary and forms an integral and essential part of the technological process, which has the sole purpose of the lawful use of the recording or the lawful bringing of the work to the public;
- distribution of a work by selling or otherwise alienating its original or copies;
- public display of a work, that is, any demonstration of the original or a copy of a work directly or on a screen using film, transparency, television footage or other technical means, directly or using technical means in a place open to the public, or in a place where there is significant the number of persons who do not belong to the ordinary circle of the family, regardless of whether the work is perceived at the place of its demonstration or in another place simultaneously with the demonstration of the work;
- export of the original or copies of the work for distribution purposes;
- broadcasting, that is, communicating (showing) a work to the public on television (including by retransmission), with the exception of cable communication. In this case, a message is understood as any action through which a work becomes available for visual perception, regardless of its actual perception by the public. When communicating works on the air via satellite, broadcasting means receiving signals from a ground station to a satellite and transmitting signals from a satellite, by means of which the work can be brought to the attention of the general public, regardless of its actual reception by the public. The message of encoded signals is recognized as a broadcast if decoding means are provided to an unlimited number of persons by the broadcasting organization or with its consent;
- communication by cable, that is, communication (display) of the work for the general public on television using a cable, wire, optical fiber or similar means (including by means of retransmission). The message of encoded signals is recognized as a message by cable if decoding means are provided to an unlimited number of persons by the cable broadcasting organization or with its consent;
- processing of the work. In this case, the processing of a work means the creation of a derivative work (processing and the like);
- bringing the work to the public (display) in such a way that any person can get access to the work from any place and at any time of his own choice (bringing to the public).
2.2.2. At the disposal of the work. The customer will be able, at his discretion, to allow or prohibit other persons from using the work. The absence of a prohibition does not count as consent (permission).
2.2.3. The inviolability of the work.
2.3. The Photographer retains inalienable rights.
2.4. The photographer undertakes, at the request of the Customer, to provide him with all possible assistance in using the work after its transfer.
2.5. The product is necessary for the Customer.
2.6. All expenses for the creation and transfer of the work are borne by the Photographer at the expense of remuneration (the contract may provide otherwise).
2.7. The Customer places an order for the creation of a work in accordance with the form given in Appendix No. 1. After placing an order, such a completed form becomes an integral part of this contract. Each order is made in duplicate and signed by both parties. The photographer also undertakes to follow the Customer's oral instructions regarding the execution of orders.
2.8. When the work is ready for transfer, the Photographer notifies the Customer about this and, within the time period specified in Appendix No. 1, transfers the work according to the act. The customer examines the submitted work and notifies the Photographer either about the acceptance of the work, or about the rejection and the need for amendments and improvements, indicating the required corrections and deadlines. Upon receipt of the Customer's instructions on making amendments and improvements, the Photographer undertakes to make the required corrections within the agreed time frame and resubmit the work.
2.9. The accepted work is printed in two copies, and marks of the transfer, signatures of the parties, and dates are put on it. The photographer transfers to the Customer the exclusive right only to the work that was accepted in the above order.
3. WARRANTIES OF THE PARTIES
3.1. The photographer guarantees:
- he will be the only author;
- at the time of entry into force of this agreement, the Photographer is not aware of the rights of third parties that could be violated by the creation of a work and the alienation of exclusive rights to it under this agreement;
- during the execution of this agreement, exclusive rights to a work will not be alienated, pledged, transferred under license agreements to other persons;
- at the time of the conclusion of this agreement, the Photographer is legally capable, acts in his own interest without coercion.
3.2. The Customer guarantees the observance of the legitimate interests and inalienable rights of the Photographer.
4. PAYMENTS
4.1. For the created work and the exclusive rights to it transferred to the Customer, the Customer pays the Photographer a remuneration in the amount of rubles.
4.2. For the payments provided for in clause 4.1, the Customer pays the Photographer an advance in the amount of rubles within days from the date of conclusion of the contract.
4.3. The final settlements for payment of the remuneration provided for in clause 4.1 are made by the Customer within days from the date of transfer of the work and exclusive rights to it.
4.4. All fees, taxes and other costs associated with the conclusion and implementation of this agreement are borne by the parties independently in accordance with applicable law.
5. RESPONSIBILITY OF THE PARTIES
5.1. The Party that has not fulfilled its obligations under the contract is obliged to compensate the other Party for the losses caused to it.
5.2. For violation of the terms of transfer of the work and documentation established by clause 2.9 of this agreement, the Photographer pays the Customer a penalty in the amount of rubles.
5.3. In case of non-performance or improper performance of this contract, for which the Photographer is responsible, the Photographer is obliged to return the advance payment to the Customer, as well as pay him a penalty in the amount of rubles. At the same time, the total amount of these payments is limited to the amount of real damage caused to the Customer.
5.5. The photographer's liability under this agreement is limited to the amount of actual damage caused to the Customer (the agreement may provide for a smaller amount of the Photographer's liability). The amount of compensation for damages and contractual penalties that the Photographer may declare due to various violations of the Agreement by the Customer should not, in total, exceed the amounts payable under clause 4.1 of the agreement.
5.6. Payment of a penalty and compensation for losses in the event of improper performance of an obligation do not relieve the Party from performing the obligation in kind.
5.7. Compensation for losses in case of failure to fulfill an obligation and payment of a penalty for failure to fulfill it shall release the Party from the fulfillment of the obligation in kind.
6. FORCE MAJEURE
6.1. The parties are released from liability for partial or complete failure to fulfill obligations under this agreement, if this failure was the result of force majeure circumstances. Force majeure means circumstances that arose after the conclusion of this agreement as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures. Such extraordinary circumstances include: flood, fire, earthquake or other natural phenomena, as well as war , military actions, acts or actions of state bodies and any other circumstances beyond the reasonable control of the Parties.
6.2. In the event of the occurrence of the circumstances specified in clause 6.1, the Party must immediately notify the other Party about them in writing. The notice must contain data on the nature of the circumstances, as well as, if possible, an assessment of their impact on the possibility of the Party fulfilling its obligations under this agreement and the deadline for fulfilling obligations.
6.3. Upon termination of the circumstances specified in clause 6.1, the Party must immediately notify the other Party in writing. The notice must indicate the period within which it is expected to fulfill the obligations under this agreement.
6.4. If the Party does not send or does not timely send the notification provided for in clauses 6.2 and 6.3, then it is obliged to compensate the other Party for losses caused by failure to notify or untimely notification.
6.5. The Party, referring to the circumstances specified in clause 6.1, must, within a reasonable time, transfer to the other Party, at its request, the certificate of the chamber of commerce or other competent organization of the relevant country about the existence of these circumstances.
6.6. In the cases provided for in clause 6.1, the deadline for fulfilling obligations under this agreement shall be postponed in proportion to the time during which such circumstances and their consequences operate.
6.7. In cases where the circumstances specified in clause 6.1 and their consequences continue to operate for more than months or when, upon the occurrence of these circumstances, it becomes clear that they and their consequences will operate for more than this period, the Parties will conduct negotiations as soon as possible in order to identify acceptable them alternative ways of executing this agreement and reaching an appropriate agreement. In this case, any Party may refuse to further execute this agreement. In this case, each Party is obliged to return to the other Party everything received under this agreement. Losses are not refundable.
7. ENSURING CONFIDENTIALITY
7.1. The customer guarantees the confidentiality of the content of the contract. The Customer will take all necessary measures to prevent disclosure of the contract without the written consent of the Photographer. The responsibility of maintaining confidentiality lies also with the Photographer.
7.2. The parties are also liable for violation of confidentiality by individuals and legal entities, legal relations with which have already been terminated.
7.3. In the event of disclosure of information contained in the work and documentation, the Customer will reimburse the Photographer for direct losses incurred in this regard. The Photographer bears the same responsibility.
7.4. Obligations to maintain confidentiality remain in effect even after the expiration of this agreement or its early termination over the next years.
8. PROTECTION OF TRANSFERABLE PRODUCTION RIGHTS
8.1. If, after the conclusion of the contract, any third party disputes the Photographer's rights to the work, then the Parties, immediately after they become aware of this, will take joint actions to protect the Photographer's rights, as well as take other measures related to the implementation of the contract.
8.2. In the event that claims or lawsuits are brought against the Customer regarding the violation of the rights of third parties in connection with the use of copyrights under this agreement, the Customer will notify the Photographer about this. The Customer, in agreement with the Photographer, undertakes to settle such claims or provide judicial protection in the ways provided for in Art. Art. 1250, 1252, 1253 of the Civil Code of the Russian Federation. The costs and losses incurred by the Customer as a result of the settlement of these claims or legal proceedings will be distributed between the Parties in accordance with the agreement.
9. DISPUTE RESOLUTION
9.1. In the event of disputes between the Photographer and the Customer on the issues stipulated by this agreement or in connection with it, the Parties will take all measures to resolve them through negotiations.
9.2. If it is impossible to resolve these disputes through negotiations, they must be resolved in court.
10. PERIOD OF VALIDITY OF THE CONTRACT. TERMS OF PERFORMANCE AND TERMINATION
10.1. The Agreement comes into force and becomes binding on the Parties from the moment of its conclusion.
10.2. Finished works, the creation of which is provided for by this agreement, must be transferred to the Customer before "" 2020.
10.3. The duration of the term for the performance of the contract is established by the Parties from the moment of its conclusion (clause 10.1) until the transfer of the works to the Customer (clause 10.2) (the contract may provide otherwise).
10.4. In the event that the above deadline for the transfer of the finished works has come, but the works are not ready for transfer or have not been transferred, then the Photographer, if necessary and if there are good reasons for completing the creation of the works and their transfer, is given an additional grace period of one quarter of the period established for the execution of the contract (the contract may provide for a longer grace period).
10.5. Upon the expiration of the grace period provided to the Photographer in accordance with clause 10.4 of the agreement, the Customer has the right to unilaterally withdraw from this agreement.
10.6. The customer also has the right to withdraw from this contract immediately after the expiration of the period established by the contract for its execution (clause 10.2), if the contract has not been executed by that time, and it clearly follows from its conditions that if the contract is violated, the customer loses interest in the contract.
10.7. The unilateral refusal of the Photographer to fulfill the obligation to create a work and transfer the exclusive right to a work is allowed before receiving an advance in the following cases:.
10.8. The obligation to create and transfer works may be terminated by the Photographer unilaterally in the event of the liquidation of the Customer.
10.9. The Agreement is valid until the end of the fulfillment of obligations by the Parties.
10.10. The expiration of the contract does not release the Parties from liability for its violation.
11. OTHER CONDITIONS
11.1. The substantive law of the Russian Federation applies to the relations of the Parties on those issues that are not regulated or not fully regulated by the agreement.
11.2. All changes and additions to this agreement must be made in writing.
11.3. This agreement is made in two copies - one copy for each Party, and both texts are equally valid.
12. LEGAL ADDRESSES AND DETAILS OF THE PARTIES
Customer Yur. address: Postal address: INN: KPP: Bank: Settlement / account: Correspondent / account: BIK:
Photographer Registration: Postal address: Passport series: Number: Issued by: By: Phone:
PLEASE take into account that I am NOT a LAWYER, BUT A PRACTICAL PHOTOGRAPHER.I read that lawyers write that you can shoot yourself, you cannot publish this - people throw up cameras after such "fiction".
Therefore, I will try to describe the situation briefly and to the point, as I understand it and from the perspective that occurs in my personal practice. Go...
So, most often there are three situations in which you may need legal documents. Creative shooting, commerce with a private customer, commerce with an official customer (legal entity).
I would like to say that you can, of course, solve all issues on your own "chuyka", as I myself sometimes do, but this is all for the time being. And trouble will happen at the most inopportune moment according to the law of a sandwich.
I will describe how I myself act in each situation, why exactly so and what pitfalls there may be.
YOUR CREATIVE SHOOTING
In this case, you pay for the work of the model either with money, or with photographs, or in kind, or any other equivalent to your taste.
SIGN THE CONTRACT WITH THE MODEL IN MANDATORY ORDER! In this case, it is important for you to protect your rights as a photographer.
Why is this done? So that later situations from the series do not arise "Oh, I married an Arab sheikh with my 25th wife, please don't use my photos and delete them."
And if you, sorry, removed a masterpiece "for the ages" - don't you give a damn about the sheikh's wife in the middle of the third ten on the list, about himself and all his offspring?
In the contract, the model (or the parents of the minor model) must sign you permission to use her image, and it must also indicate what she herself has the right to do with the photographs (for example, use in a portfolio, can print, if yes, then in what quantity and size, whether he has the right to process, transfer to third parties, etc.).
The clauses that you include or do not include in the contract already depend solely on you. If your models are scared, then soften the conditions.
Personally, I prefer to sign the most complete agreement, in which I get the full right to use the image, its derivatives or parts in any form I see fit, at my discretion. It's easier for me not to break my head later.
Together with the contract, it is advisable to have a photograph of the model's passport, disclosed on the page with a photo and date of birth. To have an orgasm at all, let the model hold this passport in the picture near the face.
I never shoot again without a contract. I talk about this model in advance. If the model does not agree to sign the documents, then I will find another model, fortunately - I have no problems with this. Moreover, this is a very obvious "bell" - it means that she assumes that she can then flutter her nerves.
If the model has questions, I strongly advise you to conduct the conversation in such a way that she understands: signing a contract - NORM OF THINGS, abnormally just - this is shooting without a contract. Let's train the photo community of our country to behave in a civilized manner.
MY STRONG ADVICE! Ladies and gentlemen, photographers. Even if the model has signed you full permission for any use of the image - this does not give you the right to goat! For example, you shouldn't sell nude photos on porn sites, if you haven't agreed on this, and so on and so forth. Do not spoil your energy, be extremely correct with people, always. Good returns, this is the law of conservation of energy.
SHOOTING FOR A PRIVATE CUSTOMER
I mean "Take pictures of me, I want beautiful photos", well, and various variations of a similar nature.
You must have a sample of such a contract. In case the client asks for it.
By default, I do not sign the contract.
I believe that if I was paid money, then the photos belong to the customer (for private use). I myself never use such photos, even in my own portfolio, if the client did not allow me to do so. This is my personal ethics, which is what I advise you.
In most cases, clients give such permission very easily, they are even pleased. I have in my portfolio a lot of photographs taken for money.
The exception is extremely private shooting, well, you know.
In this case, your rights will be easily protected by the absence of a contract. The client will not be able to use the image commercially without your permission - it is illegal.
If the client asks for a contract, please provide it. Then again, point by point, describe what the client can do with the image, derivatives and parts, and what you can do yourself.
SHOOTING FOR OFFICIAL CUSTOMER (legal entity) OR COMMERCIAL PROJECT
Everything is pretty funny here.
The bottom line is that in this case, the protection of rights is not your problem, but just the customer.
Without a signed agreement, you can easily blackmail them later, threatening to sue for the use of your property, to force you to pay in kind or by the murder of the 25th wife of an Arab sheikh ... Another thing is that you should NEVER do this.
Laughter is laughter, and the contract is most often drawn up and usually provided by the customer. But! This is where you need to be extremely careful or consult a lawyer.
Because it is very important to look at exactly which use rights you transfer to the customer and what he has the right to do with your image, derivatives or parts of it.
The most important point is exactly how your image will be used. Because the price of your shooting depends on this. Let me explain - it's one thing to use it in a corporate calendar and on a website. Others are used in television advertisements, on billboards across the country along roads, or auctioned off with obscene inscriptions.
On more than one occasion, I have refused to shoot or sell my images because I was not happy with the level of transfer of rights or the intended use.
ADVICE: be sure to stipulate all these things even when discussing the project, that is, as early as possible. So that later misunderstandings do not arise and you do not waste your time and the time of the people who turned to you. Be professional!
WHERE TO GET DOCUMENTS
This question is already up to you. As you can imagine, free cheese is only in a mousetrap. Even my lovely free FTP client cyberduck regularly begs for loot at close. By the way, you need to throw a couple of bucks - the man tried, did ...
The standard model release, accepted on stocks, is provided by the site shutterstock.com.
If you are too lazy to search, I downloaded for you, click HERE
.
But there are many problems. Firstly, it is in English and you need a notarized translation. Because the model may not know English and dispute the document on this basis, it may dispute even if he knows - not his native language. There are plenty of these translations on the internet - varying degrees of stupidity. Google - and you will be rewarded.
But it's even worse that our crooked and oblique Russian legislation contains a bunch of all kinds of "holes", thanks to which, after the fact, these releases can be challenged and declared null and void.
I will not go into details, go to a legal seminar - they will explain it more competently.
One simple example: upon release, a model gives you full rights to use its image that you captured. After the fact, she goes to court, proves her co-authorship (and you will dispute the hell) and forbids you to use it as a co-author.
Plus a few more equally unpleasant jambs. So it goes.
OUTPUT
If you feel sorry for money, use releases from the Internet. In the end, the model will remember that she signed a piece of paper of some kind.
If you are serious about yourself - order your documents from a lawyer. I consulted with people and in the end did just that, because I prefer a professional approach to the issue.
I give links. This is an advertisement that didn't cost people a dime. This material was not ordered to me, it was my personal initiative to write the information.
In the future, I reserve the right to publish direct and indirect advertising in my magazine, if I myself acknowledge the quality of the advertised product. I will not allow myself to advise something stupid - it is unlikely that they will be able to pay me that much -))
So, I myself met with a lawyer and bought a disc containing a package of documents for the photographer. Specially designed and prepared in accordance with Russian legislation.
There is a lot of all sorts of things, including model contracts, contracts with a customer, clarifications of legislation and other abstruse infa, which is terribly lazy to read, but which is very necessary -))
I will not rewrite the list and content - go to the site and read all the details yourself.
In general, this is the best option for those who want to be calm about this. My recommendation. You can say that I advised if you call.
And the last thing I want to say.
Please - first of all, always and everywhere yourself, in your relations with models and customers, try to behave honestly, correctly and reasonably. Amen.
(Link to download the file: http://www.sendspace.com/file/ciynci) Agreement on the distribution of rights between the model and the photographer on the terms of TFP _______________________ "___" ____________ 200__. The Parties: Photo artist - ____________________________________________________, Photo model - ____________________________________________________, have entered into this Agreement on the following: 1. Subject of the Agreement. 1.1. The parties acknowledge that between them "___" ____________ 200__. in the city of _____________ according to Art. 159, 434 (clause 1) of the Civil Code of the Russian Federation (hereinafter referred to as the "Civil Code of the Russian Federation"), an Agreement was orally concluded (hereinafter referred to as the "Agreement"), according to which each of the Parties assumed the following obligations: - Photo artist: organize and conduct a photo session by his own dependents (hereinafter referred to as “Photo session”) and pay for the work of the Photo Model in the amount of ___ rubles __ kopecks; - Model: pose during the Photosession to create photographs with her participation (hereinafter referred to as "Photos"). The Parties have established the following: - each of the Parties duly fulfilled its obligations assumed by it in accordance with the Agreement, as a result of which, during the Photo Session, ___ Photos were created, - the cost of the Photos and the amount of the posing fee are equal, for this reason The Model agrees to pay her remuneration in kind and replace the monetary remuneration by transferring her Photos, the Photos were transferred to the Model in the specified quantity, - the Model's rights to prohibit the use of her own image, established in accordance with Article 152 1 of the Civil Code of the Russian Federation, have been exhausted; - the number of Photos, their plot and composition were determined and directly created by the Photo Artist; - this Agreement is concluded by way of novation in relation to the Agreement (on the basis of Article 414 of the Civil Code of the Russian Federation), the Agreement is considered fulfilled and loses legal force from the moment this Agreement enters into force. 1.2. The intellectual rights to the Photos are distributed in accordance with the terms of this Agreement. According to this Agreement, the Parties acquire other rights and obligations related to the exercise of exclusive rights. 2. Intellectual rights and related rights and obligations. 2.1. The exclusive right to each Photo belongs to the Photo Artist and Photo Model jointly. Each of the Parties has a personal non-property right associated with the Photos. 2.2. Each of the Parties has the right to use the Photos in any way independently and without the consent of the other Party. Each of the Parties has the right to process the Photos (retouching, making collages, etc.). The works created as a result of such processing and use of the Photos in any other way, including processed versions of the Photos (hereinafter referred to as the “Works”) must comply with the conditions specified in clause 2.3 of this Agreement, and also be brought to the attention of the other Party as soon as possible ... Exclusive rights to each of the Works are acquired by the Party that created it. Each of the Parties acquires a personal non-property right associated with each of the Works, regardless of the acquisition of exclusive rights to it. 2.3. As a result of processing and other use of the Photos, it is not allowed to create pornographic works, as well as works and other actions that in any way discredit the honor and dignity of the Photo Artist, Photo Model, and other persons that contradict their rights and interests, do not correspond to public morality, ethics and Russian legislation. 2.4. Each of the Parties has the right to exercise its right to publish Photos and Works independently and without the consent of the other Party. Each of the Parties undertakes not to pose any obstacles to the other Party in the exercise of its rights related to the right to publish Photos and Works. 2.5. Each of the Parties has the right to dispose of its exclusive rights to the Photos independently and without the consent of the other Party. 2.6. The products and income received from the sale in any way of the exclusive rights to the Photos belong to the Party that carried out such sale. 2.7. In order to observe personal non-property rights when publishing (using in any other way) Photos and Works, the official surname and full name (without patronymic) of the Photo Artist and the Photo Model must be indicated (as an option: the following pseudonyms: Photo Artist - "_______", Photo Model - "_______") ... 2.8. Each of the Parties undertakes to take comprehensive measures to exclude, identify and suppress cases of unauthorized use of the Photos that do not meet their interests, as well as inform the other Party as soon as possible about each identified such case, the measures taken to eliminate it, punish the perpetrators and prevent violations exclusive rights to the Photos. 2.9. The Photo Model grants the Photo Artist and (or) the owner of exclusive rights to Photos and Works, as well as persons lawfully using Photos and Works, the right to use his image (including use when publishing). 3. Settlement of disputes and disagreements. 3.1. All disputes and disagreements that may arise between the Parties during the implementation of this Agreement must be resolved by filing claims. The party that received the claim is obliged to consider it within ten days and take a reasoned decision based on the results of consideration (satisfy, reject, etc.) or take all measures to conduct negotiations between the Parties. 3.2. In the event that disputes and disagreements are not resolved by the Parties by filing claims, each of the Parties has the right to go to court in accordance with the legislation of Russia. 4. Other provisions. 4.1. Each of the Parties has the right to involve third parties (artists, experts, etc.) in order to ensure the implementation of this Agreement, the exercise of their rights and obligations. 4.2. This Agreement takes effect from the moment of its signing. The duration of this Agreement is not limited. 4.3. Intellectual property rights are considered distributed and acquired by each of the Parties from the moment this Agreement enters into force. For the implementation of this Agreement, no other documents are required between the Parties. 4.4. The rights and obligations under this Agreement may be transferred by each of the Parties to third parties without the will of the other Party. This provision does not affect personal non-property rights and rights and obligations associated with them. 4.5. This Agreement is drawn up in two copies of equal legal force - one for each of the Parties. 7. Addresses and details of the Parties. Photo artist - ____________________________________________________, Address of residence and telephone for communication: ___________________________________________________ _____________________________________________________________________________ Passport ______________________________________________________________ ____________________________________________________________________________ Photo model - ____________________________________________________, Address of residence and telephone for communication: ___________________________________________________________________ _____________________________________________________________________________ Passport ______________________________________________________________________________ ______________________________________________________________________________ 8. Signatures of the Parties. Photo artist ______________________ (______________________) Fashion model ______________________ (______________________)
On the Internet, there are often questions about what is "model release" and what is it for. Model Release, or simply a contract with a model, is the most important document for photographers who conduct staged photo sessions with models.
The release model officially confirms your rights to sell and distribute your photos.
In our article, we will tell you how to correctly draw up a release model and show you a universal contract template that you can use in your work.
In fact, a model release is a small document in which the model confirms that all rights to photographs with her participation belong to the photographer. Namely, the photographer can: modify, edit and process photographs as he sees fit, as well as sell and use them anywhere.
Many people mistakenly think that a model release is a thing that is only necessary for commercial photographers who sell photographs in photobanks. This is not true. If you are a photo artist and create creative photo shoots, your models must also sign a contract with you. Perhaps your photos will be bought by gallery owners for sale to collectors or for holding an exhibition. Publishers may want to use them in the design of books and albums. Your photos may be liked by the magazine's photo editor and you will be prompted to publish them. In all these cases, the existence of a contract with the model is a necessity.
Even if the model promised you that all rights to the photos are yours and only yours, these promises have no legal force. Without a written certificate, you will not be able to fully dispose of your photos.
Therefore, you should remember - before each shooting, the model must sign a contract with you.
In fact, there is nothing difficult about it. The release model should contain only the most necessary information:
- Model's consent to transfer all rights to the photograph to the photographer
- Passport details and signature of the photographer
- Passport data and model signature
- Shooting date
- Passport details and signature of the witness
The universal contract template looks like this (click to enlarge):
This is the generally accepted way of compiling a release model.
Download a template for a contract with a model in Russian
It is also highly desirable to immediately sign the contract in English. This is necessary in case you will be selling photographs abroad.
Download a template for a contract with a model in English
If you are photographing children or minors, you need to sign a special agreement - Minor Release. That is, a document in which the rights to photographs of children are transferred by their parents or guardians.
Download the Minor release template in Russian
Download the Minor release template in English
It is important to remember one condition.
You have all the rights to use the photograph, with one exception - the use of photographs must not discredit the honor and dignity of the model. And if, for example, you used a photo in an openly defamatory context (for example, in an advertisement for intimate services), the model has every right to sue you even if there is a model release.
But in practice, such cases are extremely rare, in reality - they are practically isolated. But there are many more lawsuits due to the lack of a properly drawn up contract.