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Model release form
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Erika



Joined: 13 Dec 2006
Posts: 280
Location: Melbourne

PostPosted: Sun Apr 06, 2008 7:34 pm    Post subject: Model release form Reply with quote

Hi all
just wondering if anyone has any experience with model release forms?
Cheers
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Hayley



Joined: 05 Feb 2007
Posts: 344
Location: Geelong

PostPosted: Sun Apr 06, 2008 8:20 pm    Post subject: Re - Model release form Reply with quote

Hi Erika,
Are you the model? Do you want to use a release form for others for photography/film etc? Are you looking for a sample contract, or just other artist's experiences with model release forms?

This link is always my first port of call for legal matters in the arts industry:
http://www.artslaw.com.au/LegalInformation/

Scroll down and click on any appropriate areas for some great free info. Usually this is adequate to answer most questions without spending a fortune.

Otherwise a quick Google search for Model release forms will give you loads of sample contracts etc.

Hope that helps.
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greenfrog



Joined: 10 Feb 2006
Posts: 795
Location: Fairfield

PostPosted: Mon Apr 07, 2008 4:59 pm    Post subject: Re - Model release form Reply with quote

This is old but there is one here:

http://www.artforum.com.au/vtopic1610.html
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greenfrog



Joined: 10 Feb 2006
Posts: 795
Location: Fairfield

PostPosted: Mon Apr 07, 2008 5:03 pm    Post subject: Re - Model release form Reply with quote

Maybe, ignore the rest of the thread (the releases are the first 2 posts)...
(I just had a quick read and some of it's been changed to pics)

Maybe a newer thread floating around here somewere.
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Erika



Joined: 13 Dec 2006
Posts: 280
Location: Melbourne

PostPosted: Mon Apr 07, 2008 6:26 pm    Post subject: Re - Model release form Reply with quote

Thanks
They look good
Cheers
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darian zam



Joined: 14 Feb 2008
Posts: 333
Location: other

PostPosted: Tue May 06, 2008 11:20 pm    Post subject: Re - Model release form Reply with quote

The way I deal with twits that want me to sign a release form, is I cancel working on their portrait. They should be honoured and humble, but instead act like they are doing you a huge favour. I can't be bothered with that sort of nonsense. It's just as bad as those who expect you to give them the work for free because they sat for you.
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Simon



Joined: 08 Dec 2005
Posts: 1856
Location: Sydney

PostPosted: Wed May 07, 2008 12:20 am    Post subject: Re - Model release form Reply with quote

I think Erika is more concerned that one day her models (that she paints) will come back at her for some royalty for using their image, and protecting herself with the signed form.
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darian zam



Joined: 14 Feb 2008
Posts: 333
Location: other

PostPosted: Wed May 07, 2008 12:32 am    Post subject: Re - Model release form Reply with quote

Yeah, that would be because "other people" can never leave artists alone. Our work is worth nothing, and our career inconsequential ( "why don't you get a real job?") until we start getting successful, and then the people that wouldn't give you five dollars yesterday, want to take you to the cleaners.
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The Pook



Joined: 01 Feb 2007
Posts: 2904
Location: Tasmania

PostPosted: Wed May 07, 2008 2:06 pm    Post subject: Re - Model release form Reply with quote

Surely there is no legal concern about that at all. Copyright of an image belongs to the creator, not the subject. If I take a photo of you, let alone paint a portrait of you, it is my work and belongs to me. The subject has no legal say in it whatsoever (assuming you broke no laws in making the image - we're not talking about concealed cameras in change rooms or using the image for blackmail, etc).
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Simon



Joined: 08 Dec 2005
Posts: 1856
Location: Sydney

PostPosted: Wed May 07, 2008 10:02 pm    Post subject: Re: Re - Model release form Reply with quote

The Pook wrote:
Surely there is no legal concern about that at all. Copyright of an image belongs to the creator, not the subject. If I take a photo of you, let alone paint a portrait of you, it is my work and belongs to me. The subject has no legal say in it whatsoever (assuming you broke no laws in making the image - we're not talking about concealed cameras in change rooms or using the image for blackmail, etc).


But with a model Pook there is an assumed talent being sought, and the use of that talent might be subject to limitations. Stupid I know, especially since there is usually only one reason a model poses for a painter.

I have friends who had the inside of their house filmed years ago for a TV series on sbs (called nest). Releases had to be signed, agreeing to never seek payment, and the series has been repeated many times since then, and it allows them to safely do so.
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The Pook



Joined: 01 Feb 2007
Posts: 2904
Location: Tasmania

PostPosted: Wed May 07, 2008 11:10 pm    Post subject: Re - Model release form Reply with quote

But don't you buy that 'assumed talent' (whatever that means) with the $30 a hour you pay them? (or whatever the fee is). Why would they be entitled to anything extra later on?
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Simon



Joined: 08 Dec 2005
Posts: 1856
Location: Sydney

PostPosted: Wed May 07, 2008 11:19 pm    Post subject: Re - Model release form Reply with quote

A model release form would simply clarify the limitations of the use of the talent. ie remove confusion about what you are buying. But as I've said, my opinion is that the painters intentions should be pretty plain and obvious. But the form could guarantee it.
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darian zam



Joined: 14 Feb 2008
Posts: 333
Location: other

PostPosted: Sat May 10, 2008 3:13 pm    Post subject: Re - Model release form Reply with quote

True, but I already have sacrificed a lot and worked hard, just to be an artist fulltime, and I don't let other people try to make it more complicated than it already is.
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Simon



Joined: 08 Dec 2005
Posts: 1856
Location: Sydney

PostPosted: Sat May 10, 2008 3:32 pm    Post subject: Re: Re - Model release form Reply with quote

darian zam wrote:
True, but I already have sacrificed a lot and worked hard, just to be an artist fulltime, and I don't let other people try to make it more complicated than it already is.


I don't understand? The artist has nothing to lose from the use of a model release form. I can't imagine why a model would impose the use of one. They usually state the model agrees to never to pursue further payment for any reason no matter what the image is used for, and to never prevent the artist from using the image for any intended purpose. As unnecessary as seem, and should be, they are only going to help the artist.
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darian zam



Joined: 14 Feb 2008
Posts: 333
Location: other

PostPosted: Sat May 10, 2008 3:55 pm    Post subject: Re - Model release form Reply with quote

Modelling should be treated the same as any other job. Just because I worked for a catering company in 1987 making sandwiches, and they happen to still be running and making sandwiches, should they be paying me a royalty? A model signing a release form is about as logical.
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