Need Advice Please

[SGPhoto]

I was recently contacted by a models mother asking me would I sign a photo release for submission to a magazine.

Here are the quotes from the Photographer release:

I, ……………………………………………… (Photographer) hereby confer on OneModelPlace™, TvTaxi™,
its’ subsidiaries, divisions, affiliates, agents, representatives as well as Supermodels
Unlimited International Magazine, the absolute and irrevocable right and permission to use
photograph(s) of ……………………………………………………………………………………… (Model Name-include
OMP # if applicable).
I understand that these images may be submitted either by me and/or by the photographed
model.
I understand that I will receive no further compensation beyond a copy of the finished
product.
I understand that OneModelPlace™ may use, re-use, publish and re-publish the same in
whole or in part, separately or in conjunction with other photographs, in any medium now
or hereafter known, and for any purpose whatsoever, including (but not by way of
limitation) illustration, promotion, advertising and trade or sale.
I understand the photographs include e-mailed files and/or actual photographs submitted to
OneModelPlace™ through the U.S. Postal Service or similar or the Internet.
I give permission for my name to be used in conjunction with the photographs. I have the
exclusive right to give permission for the use and publication of these photos.
In giving my consent, I hereby release and hold harmless OneModelPlace™, Inc and its
agents from any and all responsibility or liability.
I hereby warrant that I am of full age and have every right to contract in my own
name in the above regard. I state further that I have read the above authorization,
release and agreement, prior to its execution, and that I am fully familiar with the
contents thereof.

If I read this release correctly all I would more or less receive would be "Recognition" in such magazine "Should they even use any of the photos" and even if they do not use the photos in this magazine doesn't this also read that they could potentially use the images in another magazine or somewhere else?

What should I do in this type of situation? I did the photoshoot as a TFP for her portfolio as well as mine.

What would some of you do?

Thanks for any insight on this.

Stephen Gibson

[Concisus Cognatus]

Wow this is one I'll keep watch on.

[LWimages]

Did you not have a release form for the TFP?
At the least the release should have included saying that the images will be for portfolio purposes only, and not for sale.

[CaptainTom]

Your choices seem clear. 1- you can refuse to release the photograph 2- you can release the photograph

1- probably anger the model who was hoping for more exposure by way of your photo.

2- give the model the opportunity to move ahead, and since you did this for TFP, give yourself the chance to be seen by other models and get some real paying gigs.

The chances of One Model Place selling a single photo for lots of money is very remote.
If it were me, I would sign the release since it doesn't take away your personal copyright of the photo.

[SGPhoto]

Louis,
Yes the release does state that I am not giving permission or rights to sell or publish for any other means than Self-Promotion.

And this is where I am on the fence about the whole deal, they aren't really selling the photos to the Magazine but they are or potentially publishing the photos in this or other magazines.

Granted as I stated we did this for TFP and as Tom states the likely hood of them selling the photo would be very REMOTE.

I am just on the fence on what I should really do as its kind of a double negative to the whole situation.

If I sign the release I get a tear sheet and possibly recognition from others in the industry for possibly future paying gigs from not only models but also the industry itself, but also at the same time I may not get any of the above.

If I don't sign the release I get an upset Mother and model who may not want to work with me again which is something I don't think I want because I know this particular model will be and already has been "Going Places"

I just wandered what your thoughts on this was and what you would do.

Tom,
Thanks for the insight I truly appreciate you looking at both sides and outside the box on this one as I didn't think of some of the things you did.

Thanks again,

Stephen Gibson

[Howard Barlow]

I understand that XYZ may use, re-use, publish and re-publish the same in
whole or in part, separately or in conjunction with other photographs, in any medium now
or hereafter known, and for any purpose whatsoever, including (but not by way of
limitation) illustration, promotion, advertising and trade or sale.

That little sentence is a deal breaker for me. If you do that, you may as well give her the hi res file. This gives them the permission to give, or sell, it to her, or sell her prints.

[CaptainTom]

Of course, this is the same problem that models have when signing a release to a photographer.

The question becomes.... is the possibility of me making some money from this photograph worth alienating the client, the magazine, agency, etc ?

[Howard Barlow]

Well, Tom, first, I made the image to sell, not give away. If the client chooses not to sign, fine, I cash their check, deliver their prints, and put their file away. I may never use it again, but you sure as heck aren't going to.

And, for the second question, in some cases, yes. I have no interest in magazines, or agencies. If a client expects me to let someone else make a profit on my work, without compensation to me, Goodbye!

I would happily sign the release for them to post it on their site, but not to give them free, endless, unfettered license, as this calls for.

[CaptainTom]

Howard
Sorry if you took my remarks personally. I was responding to Stephens (the originator of this post) quandery, and don't really have any idea what your motives or business practices are.
Stephen is trying to formulate his own business practices and has solicited advice regarding his dilemma.

[Concisus Cognatus]

Warning!
This opinion is given by a non-professional and will NOT contain any semblance of professional reasoning. READ AT YOUR OWN RISK!

Sometimes life forces us into situations, issues, actions, decisions to be made, etc., where FAITH has to become the arbiter between our reasoning/understanding and our desire not to be used/taken advantage of.

Useless prattle? Maybe, maybe not, depends on how it's received, however it is something to think about.

[Howard Barlow]

Originally Posted by CaptainTom

Howard
Sorry if you took my remarks personally. I was responding to Stephens (the originator of this post) quandery, and don't really have any idea what your motives or business practices are.
Stephen is trying to formulate his own business practices and has solicited advice regarding his dilemma.

Nada problem, Tom. I miss the point in most coversations, anywho, though I am smarter than I look. Ok, I'm not. It was worth a shot.

[PhotosbyHollyWood]

STUPID question...

if you RELEASE X# of photos to them can't you release the photos with you MARK at the lower coner... as not to deistract form the photo? you know lke the ARTIST do...

this way you make the potentially repeated model and mother happy, you get reconition EVERYTIME the photo is published (or sold)..

I don't know the rules on this sort of thing but that would be a thought to entertain perhaps