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Subject:
From:
Tim Atherton <[log in to unmask]>
Reply To:
Museum discussion list <[log in to unmask]>
Date:
Wed, 27 Aug 2003 09:35:41 -0600
Content-Type:
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text/plain (43 lines)
Photo District News has some good info on releases. Bear in mind that these
are from the photographers perspective.

One point is that a photographer is normally seeking the widest possible use
of the image. You might be better advised to restrict the use to "your xyz
Museum for educational/promotional use" or something.

http://www.pdnonline.com/businessresources/modelrelease.html

and I think someone also referenced the NPPA info:

http://www.nppa.org/services/bizpract/releases/releases.html

http://www.baja.com/sensuousline/sline0799/mag4-6model_releases.shtml

http://www.simslaw.com/model/model_releases.htm#Newsworthy_Events


Also, as long as I can remember there has been a debate about whether there
needs to be an exchange for 'valuable consideration" - whether this is
$1.00, a print of the photo or Linda Evangelista's $25,000 modelling fee...
part of the argument is that it's a contract, so there needs to be an
exchange. I've never seen a clear answer, especially for the sort of
circumstances we are talking bout here - again, you really need to run it by
a lawyer.

On those "back of the ticket stub" things, my understanding is that they are
pretty unenforceable and hold little weight - again, it's a contract. In
many jurisdictions, both parties need to agree to a contract, and it also
has to be able to be altered/adjusted by either party for it to be
considered a valid contract. Otherwise (I forget the term), if one party is
forced into the agreement i.e. "buy the ticket and you have to agree to the
terms" then it's not a valid contract.

tim

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