Model Release?

I took some family portraits this weekend and one of the shots I took was of the little girl. They paid for my standard package which includes a CD along with a photography copyright release form that I sign and send to them, mainly for their printing purposes. I really want to enter the picture in a contest and wondered if I needed to the mom to sign a release? I'm not using it for promotional purposes, just contests.

You would not need one in Illinois and, though all states are different, I don't think you would need one any place in the US.

Keep in mind that if they think that you have used her likeness improperly, they can always sue.

TF

I would read the contest rules very carefully. Many contests have rules that state that by entering the contest, you are giving them the rights to use your image for whatever they want. If they decide to use that photo for an ad or anything else, it could come back on you for giving them permission to use it.

If you really want to enter it, I would get a release just to be on the safe side.

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Originally Posted by mjs1973

I would read the contest rules very carefully. Many contests have rules that state that by entering the contest, you are giving them the rights to use your image for whatever they want. If they decide to use that photo for an ad or anything else, it could come back on you for giving them permission to use it.

If you really want to enter it, I would get a release just to be on the safe side.

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"If they decide to use that photo for an ad or anything else, it could come back on you for giving them permission to use it." Of course, the law isn't the law until the case is decided, but - Unless the wording states that you have and are transfering a Model Release, I believe they would be at fault as the publisher. - TF

Thank you and I think I will get one just in case. The contest is for a photo magazine to publish it, but it wouldn't be for an ad and i'm not transferring rights if i do win.

Thanks to all!

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Originally Posted by k_thornburg

Thank you and I think I will get one just in case

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Good idea.

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Originally Posted by k_thornburg

i'm not transferring rights if i do win.

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What I was referring to was that for many of these contests you don't have that choice if you enter the contest. Simply by submitting your photo you are giving up your rights. Be sure to read the contests Terms Of Use very carefully if you haven't already.

This article is worth a read.

Good luck.

Mike and TF have given some very good advise. I have read the rules for several contests, and you normaly relinquish the rights to publish, and in one case if you entered the online contest, there was a condition way down in the fine print that gave all rights to the image, including the copyright. If a photographer entered and later sold a print of that image (his own work) I think he would be in violation of copyright laws.

Read twice and still be carefull, most of these contests are thinly disguised grabs to get almost free rights to a huge number of photos.

yes, you are usually releasing all rights to a photo when you submit it. Better read the fine print.

In general, I wouldn't submit any posed photo in a contest w/o a release, especially of a kid. Sorry, sometimes we have a great shot and want to use it, but it just isn't worth the risk of getting sued. :(