mort Loc: california

a photographer neighbor has photographed my wife and me , and
has sent a model release which is very inclusive , including that
the photos can be used in advertising . she is doing a book on
neighborhood people , and i am okay with that and what ever
promotion would be needed for the book , but would not like our
photos to be used in advertising . another photographer , who is
doing a book , has requested to photograph us . is it possible to
exclude advertising from a model release .

amfoto1 Loc: San Jose, Calif. USA

It sounds like a standard model release, such as is offered by ASMP. Read about model releases here: https://asmp.org/tutorials/property-and-model-releases.html#.VgRD67nn_mE" rel="nofollow" target="_blank"> https://asmp.org/tutorials/property-and-model-releases.html#.VgRD67nn_mE. And here's a copy of the standard ASMP adult release, which is probably the most widely and commonly copied and used: https://asmp.org/tutorials/adults-model-release.html#.VgRFtrnn_mE, with a paragraph added regarding use of the photos in relation to AIDS prevention.

If someone won't sign a release for me, I often simply won't photograph them.... Okay, I might, but they'll never see the photos because I won't display them publicly. Too much risk.

I don't know what your concern about advertising might be... The vast majority of it is very innocuous or might even be flattering. Special, more detailed releases are usually used for any sort of sensitive advertising that might reflect upon the subject in a possibly embarrassing, derogatory or more revealing manner (such as for, say... drug/alcohol addiction, "underwear" models, etc.... see added paragraph at above link).

It's pretty highly unlikely that the photos would ever be used for anything at all, anyway. About 1 in 1000 or higher odds, I'm sure. Besides, what are you worried about? What do you think might happen? Are the photos "edgy" in some way?

BTW, "advertising" is "promotion".

Basically, if you are interested to see the photos used in the book, so long as it's a standard release and the photos aren't potentially embarrassing... I'd suggest you (and your wife) sign it.

speters Loc: Grangeville/Idaho

Absolutely, it is YOU who decides what is included and what is not!

G Brown Loc: Sunny Bognor Regis West Sussex UK

I seem to think that if you are photographed in the street as part of a scene then you have no "say" over how its used. If you invite someone into your home then you may add some proviso befor the shot. If you already signed a model release then you can argue but probably will not win. I would judge the photo and captions and see if there is anything disparaging or you object to .. then simply ask to be removed from the book if possible...(Pre print). At the end of the day the photo belongs to the photographer as your face is not copywright...see Papparatzi! and they have your signature

SharpShooter Loc: NorCal

Mort, you must be one Killer couple that you are in such demand for modeling jobs!!! LoL
A release can say anything you want it to. Just tell the photog to modify it if he wants it signed!!!! Good luck
SS

mort Loc: california

thanks for all the input

BHC Loc: Strawberry Valley, JF, USA

Mort, discuss the matter with the photographer. A release is easy to modify or you can draw a line through the advertising clause; you, your wife AND the photographer must initial the change. If any party does not agree to the change, the entire release, in most jurisdictions, will be null and void.

jerryc41 Loc: Catskill Mts of NY

I thought the same thing. :D

jerryc41 Loc: Catskill Mts of NY

That's a tricky area. The photographer needs the release to protect herself, but you don't want to see your pictures used in some scandalous way down the road. As others have said, you can modify the wording of the release, but ultimately, you have to trust the photographer.

About a year ago, I read an article written by a lawyer who was also a photographer. He wrote what he thought was a perfect release, but the client got a lawyer, took him to court, and he lost. Words can be interpreted so many ways.

d2b2 Loc: Catonsville, Maryland, USA

Ask three attorneys the same question and you will often get three different answers!

insman1132 Loc: Southwest Florida

I believe any legal contract can be modified to suit the signers by simply drawing a line through any provision, or portion of any provision, that you will not agree to, and initialing the line?? Simply sign and return the contract as modified. Any of you Legal-Beagle Hoggers know??

Apaflo Loc: Anchorage, Alaska

I doubt the photographer's signature has any significance at all, other than perhaps to help identify the specific photograph (one that he made).

The photographer will unlikely even be the actual second party to the agreement! When someone purchases the photograph and uses it for a commercial purpose, they are the second party, not the photographer. The release is not needed to sell the photograph (which is what the photographer does), it is required for commercial use of the photograph (which the purchaser does). No purchaser/user signature is on the release! (Granted that on some occasions the photographer might be the user too...)

Hence any actual first party to the agreement, meaning any of the people shown in the photograph and signing the release, can cross out any provision specifying an allowed use, initial it, and that release does not cover that use. If an added statement allows a use not listed originally, everyone shown in the photograph has to initial that to make it legally effective.

Apaflo Loc: Anchorage, Alaska

Totally unnecessary!

Use in a book does not require a release. That does not constitute "commercial use".

Use on the front or back cover of the book does. Use separately to promote the book requires a release.

For practical purposes though, a publisher may not want to use photographs in a book if no release is available. It just is not a legal requirement, and probably most photographs published in books do not have a release.

RICARDOOO Loc: Findlay, Ohio

I believe you can "line out" what you don't want to agree to just as you can on the offer to buy a house or like the President lines out items in a bill that he does not want to become law.

RICARDOOO Loc: Findlay, Ohio

I believe you can "line out" the items that you don't agree with just like the president can line out items in a bill that he does not want to become law...look into that . . .