Anybody got a legal document for pictures?

Discussion in 'Legal Issues' started by TheSyndicate, Aug 26, 2007.

  1. #1
    Anybody got an idea where I can find a legal document regarding pictures.

    My friend wants to ask some photograph to take picture of her but she is afraid he will sell or use the pictures to something else.

    How can she prevent that and does anybody have some kind of contract I can take a look at?

    Thanks for the help
     
    TheSyndicate, Aug 26, 2007 IP
  2. MTbiker

    MTbiker Well-Known Member

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    #2
    MTbiker, Aug 27, 2007 IP
  3. TheSyndicate

    TheSyndicate Prominent Member

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    #3
    Nice looking stuff but loads of blaha blaha as well i need a shorter version :)
     
    TheSyndicate, Aug 27, 2007 IP
  4. catanich

    catanich Peon

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    #4
    Your problem is not trying to stop her, but when it is used, how do you remove it from the very public internet.

    Advice, if you don't want you kids or husband to see it, then don't do it. What you do today will be still seen in 10 years. Rethink this...

    Finally, any "intelectual property attorney" can help you. Also, contracts in the US work fine in the US but no where else.
     
    catanich, Aug 27, 2007 IP
  5. bluegrass special

    bluegrass special Peon

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    #5
    Depending on when and how the pictures are taken, she may not need such a contract. When images are used for commercial purposes and taken in a studio setting, the photographer is required to have a signed release in order to use them.

    That being said, if the photographer is unscrupulous then it is not likely that a piece of paper (or the lack of one) will stop them from selling it down the road.
     
    bluegrass special, Aug 27, 2007 IP
  6. TheSyndicate

    TheSyndicate Prominent Member

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    #6
    Well i know if the photo guy just take the pic and sell them not much she can do. But i am looking for a contract that she is the owner of the picture and she can not do anything with them. So if you find them some where you can fax them that contract
     
    TheSyndicate, Aug 28, 2007 IP
  7. MTbiker

    MTbiker Well-Known Member

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    #7
    You'd have to get the photographer to sign something saying "I hereby transfer copyright of these photos to Ms. X"

    And probably some other stuff, but that would be a big part.
     
    MTbiker, Aug 28, 2007 IP
  8. TheSyndicate

    TheSyndicate Prominent Member

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    #8
    yes i am thinking of something like that as well. When i check the internet the most website are FOR the photographer not the models
     
    TheSyndicate, Aug 28, 2007 IP
  9. Sohan

    Sohan Peon

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    #9
    The longer versions are always better.

    They cover more, stuff and include more stuff.

    Meaning if the photographer does do something wrong, there are more charges that can be brought up.
     
    Sohan, Aug 28, 2007 IP
  10. TheSyndicate

    TheSyndicate Prominent Member

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    #10
    Actully thats not true i study law and the less the better. If you say can not do that and this then if you forgett something they can do that its better to say they can not do anything :)

    But have anybody got any sample for this?
     
    TheSyndicate, Aug 28, 2007 IP
  11. bluegrass special

    bluegrass special Peon

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    #11
    Those links provided information on when to get a release, they were not directly to legal forms.

    Try different wording in your search like photograph license agreement. What you are looking for is not a contract between the model and the photographer. Instead, you are looking for a transfer of copyright from buyer (model) to seller (photographer). Just be aware that this will probably cost more money to have the pictures taken this way.

    Under US law a photographer owns the copyright to images unless the photographer is an employee of a company and took the pictures in the course of his/her duties as said employee (in which case the company owns the copyright) or they explicitly give those rights to somebody else in an agreement.

    There is no model contract that restricts the rights of a photographer because their rights (when a model is involved) are already restricted. A photographer cannot sell or distribute pictures that have clearly identifiable models in non-public places without a release. Having a contract that states they can't do that would be like going to the hardware store and having them sign a contract stating the price of an item was what it is clearly marked as. The photographer still owns the copyright, but the model controls the commercial use of his/her image. No release, no sale.

    I am assuming that these pictures would be sexy/nude (why else would she be that freaked about it). If she is still worried, then there are several things she needs to do. Have the pictures taken by a company that does this for personal reasons (I mean an intimate personal portraits company not just some photographer that takes pictures for magazines or does nudes on the side). These places make money by taking pictures, the other by selling pictures. Check with the BBB and the Chamber of Commerce for complaints filed against the company. Stay away from people that are offering to do this for free. Nothing is truly free. She needs to make sure that she DOES NOT sign a model release. If she wants the copyrights, then she will need to sign an agreement that explicitly gives her all copyrights (the language should say something like "...all rights to produce, distribute, or otherwise use..."). The contract should also stipulate that she will receive all prints and negatives resulting from the shoot.

    Here are some links I found that might be helpful:
    http://www.acm.org/pubs/copyright_form.html
    http://iteaconnect.org/Publications/copyrighttransfer.pdf

    I cannot say how those would hold up in court, and you might need to read them to make sure they fit.

    More info:
    http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter13/13-a.html
     
    bluegrass special, Aug 28, 2007 IP
  12. Corey Bryant

    Corey Bryant Texan at Heart

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    #12
    All Business might be able to help you out but sometimes getting a boiler plate agreement is not as good as having an attorney write one. You might consider the membership plan from Jeffery Cohen.
     
    Corey Bryant, Aug 28, 2007 IP
  13. TheSyndicate

    TheSyndicate Prominent Member

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    #13
    yes this is more what i am looking for the PDF i can change and make it into a picture contract anybody else ?
     
    TheSyndicate, Aug 29, 2007 IP
  14. imsteve

    imsteve Peon

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    #14
    Well, you could write your own agreement, and just say that the pictures cannot be distributed, sold, given away, and must be removed immediately after the transaction is made. Get the person's name and address and have them sign it...That's what I do, but I'm not a lawyer so I can't say if that's the best way or not. It works for me to keep track of stuff
     
    imsteve, Sep 1, 2007 IP
  15. TheSyndicate

    TheSyndicate Prominent Member

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    #15
    yes i was just looking for a sample or something like that so i do not forgett anything
     
    TheSyndicate, Sep 1, 2007 IP