coolhoosier Loc: Dover, NH, USA

Hi, any advice is appreciated.

I'm creating a book containing images of sites around my city. All photos are made with the knowledge and, for interior shots, permission of the site owners. All images will be property released (and model released, if necessary) before publication.

But here's the issue.

Each site owner has requested copies of the images for their own use. We've discussed this pretty thoroughly and they're amenable to restrictions I usually place on such transfers (e.g., no modification except rescaling without my written permission). To maintain their cooperation and willingness to subject their properties to future shoots, I'd also like to explicitly restrict my own use of the copyrighted images to the above mentioned book and to advancing my business by including one or more images on my web site and in brochures and other promotional material. I'll explicitly exclude the use of the images in advertising (other than described above), marketing, and packaging of products other than the book and my business without the permission of the client.

This is a little convoluted since the normal property release provides me with total control, but I'm willing to give up some of that control in the name of good will unless someone can convince me otherwise.

Anyone have any pros or cons to this approach or any sample wording for a release? If you do, I'll gladly credit you in the book.

BTW, I do intend to see an attorney before publication to ensure that all releases are in order, but the more ground work I can do ahead of time, the more I learn, and the fewer billable hours the lawyer can charge for.

Thanks in advance.

donrent Loc: Punta Gorda , Fl

If you intend to ask a lawyer , why are you wasting time here ?

mallen1330 Loc: Chicago western suburbs

Seems to me that he answered this in his last paragraph. Did you have something constructive to add?

Capture48 Loc: Arizona

Good common sense to seek the advice of an attorney, I've never restricted my rights like that in writing. I have made verbal agreements with customers that I would not post on FB, or my website until after the photos surfaced on their medium of choice. I would be very interested in wording the attorney recommends. Although I can't see myself using this it would be nice to know. Yes I know you are in a different state than me so yours may need to read different than mine would.

When I re-did my contracts, releases and 2nd shooter agreements a few years back I took all that I had to the attorney explained what I wanted to accomplish, explain the issues I had over the years with the contracts that needed to be corrected. Because I did a lot of research up front I saved a few hours of billable attorney time, this is big for a small business.

jerryc41 Loc: Catskill Mts of NY

Lawyers are people, too, and imperfect. Members of UHH may have been in the poster's situation and will be able to give specific recommendations. Unfortunately, making agreements with many other people and expecting everyone to adhere to the terms of the agreement can be like herding cats.

ole sarg Loc: south florida

Do you have a publisher? If so, they will provide the release needed. Also, they will request permission from the owner of the property if needed. Shots taken from the street generally do not need a release.

You can construct any statement and add it as a codicil to any existing release. Thus, you can modify a standard agreement for each situation as you choose.

Have your copyright attorney look over anything you write on the agreement.

You are looking at spending some big bucks here!

David Kay Loc: Arlington Heights IL

:thumbup: :thumbup: :thumbup:

David Kay Loc: Arlington Heights IL

Jerry, I beg to differ. members of UHH would not be knowledgable in the OP's venue and the advice then given by the member is worthless.

A lawyer is a person, however in the legal profession he can not make mistakes. The lawyer could be subject to having to defend his mistakes. Plus each action is different. So what appears to be the same, can have something different that change the whole scenario. While it is nice to try and save some money by asking for free help here, you just might be shooting yourself in the foot with the free advice provided by a member. Way too risky in my book. The only free advice I would accept from a member here is their recommendation of an attorney.

Capture48 Loc: Arizona

To elaborate, a UHH member may have very good advice from his/her attorney. Because of differences in jurisdictions, cities states etc. What works for someone in AZ, may not work for someone in NY. Always smart to seek local council. You would be surprised to see how many photogs I see that have Model releases they copied from a website, that are totally useless for what they want. If the OP's book is self published, it's incumbent on him to do his due diligence.

David Kay Loc: Arlington Heights IL

:thumbup: :thumbup:

amfoto1 Loc: San Jose, Calif. USA

I would use my standard model and property releases. That's really a separate issue from the usage you provide as a gratuity to the folks who sign the releases.

Then just make your usage agreement up how you see fit. I'd permit usage for personal, non-commercial purposes.... But allow for display on a website, even if it's deemed commercial, so long as they provide you a photo credit and a link to your website. That will serve as an advertisement for you, as much as for them. Any other use, modification of the image other than re-sizing, and such can simply require further permissions (but I'd be open to those too, since it also could be promotion for you and your book). Think in cooperative, win-win terms... instead of adversarial.

But, hey, I'm just a photographer, not an attorney.

For releases I use something very similar to the ASMP, slightly personalized for my use and combining model, minor model and property release into one form (since with my subjects I often need both model and prop release... and it's easier for my client to complete and sign a single form).

The ASMP releases are very well vetted after many years of use in all 50 states... as well as internationally... and probably the most widely used. Several pages of info start here: https://asmp.org/tutorials/property-and-model-releases.html#.VuLxfOZv3wo. Links to several different recommended ASMP release wording can be found here: https://asmp.org/tutorials/forms.html#.VuLztuZv3wo.

Some stock photography services have release forms, too. For example, Getty Images has them translated into nine different languages: http://contributors.gettyimages.com/article_public.aspx?article_id=1834.

John_F Loc: Minneapolis, MN

Sort of easy to understand by reading the post.

John_F Loc: Minneapolis, MN

I disagree with the "worthless" part. I think OP is wanting to sharpen his thinking and UHHers experiences helps him do that. Stuff not thought of yet and changing the spin on stuff thought of. A most appropriate approch.

OddJobber Loc: Portland, OR

Absolutely correct. A lawyer cannot make mistakes.
:shock: :shock: :shock:
:roll: :roll: :roll:
:XD: :XD: :XD:

LFingar Loc: Claverack, NY

A lawyer cannot make mistakes? That must be some screening process they go through because in every other profession known to man
mistakes are all too common. I think we should start a petition to get doctors to undergo that same screening process!