Release for photo to be Published

[TheCoop]

I currently have an offer to have one of my images published and must sign a release for this to happen though I am a bit worried by some of the wording in the release. In the 2.0 part it sounds like they are trying to take the complete rights to the image, including the original unless I am misunderstanding.

Also bit confused on what a likeness release form is, sounds to me that just means guidelines and I could create my own release forum to send to them?

I am willing to allow usage and for the image to be edited if required for the project.

Any one able to help clear this confusion up?
Thanks
Cooper


Here is the release, I have blanked out the companies name.


ASSIGNMENT AND NAME AND LIKENESS RELEASE

In consideration of the opportunity afforded to me to have my photo, a copy of which is attached as Exhibit A (the “Photo”), appear in the ____________. the undersigned (the “Participant”) agrees that _______, or its assigns, agents or employees shall, to the exclusion of the Participant, have:

1.0, the right (if they appear in the Photo) to use, and edit, the Participant’s name, likeness, voice, in any and all media (including but not limited to billboards, the internet, theatrical presentation and television) now and hereafter known, in connection with the advertising, exploitation, sale, publicity and promotion of the ______;

2.0 All right, title and interest that the Participant may have in and to the Photo, including, without limitation, any film, negatives, finished photographs, reproductions and copies of original slide negatives of the Participant and the Participant hereby assigns any and all right, title and interest that the Participant may have in the Photo and further waives all moral rights therein;

The Participant forever releases and discharges and shall hold _______, their successors, assigns, agents, affiliates, licensees, and advertising agencies, harmless from any and all claims, demands, causes of action which the Participant may at any time have in connection with the use of the rights granted in this Agreement, including, without limitation his/her image, likeness, name and the Photo itself. The present Agreement is governed by the laws of Quebec and the courts therein shall have jurisdiction to hear any dispute.

THE PARTICIPANT WARRANTS AND PROMISES, AGREES, AND REPRESENTS THAT THE PHOTO IS HIS/HER OWN AND DOES NOT VIOLATE OR INFRINGE THE RIGHTS OF ANY THIRD PARTY AND THAT HE/SHE HAS READ THIS AGREEMENT IN ITS ENTIRETY AND FULLY UNDERSTANDS THE MEANING AND EFFECT OF THIS AGREEMENT, AND INTENDS TO BE LEGALLY BOUND BY IT, AND THE PARTICIPANT STATES THAT HE/SHE IS OVER 18 YEARS OF AGE AND ACKNOWLEDGES THAT HE/SHE HAS SIGNED THIS RELEASE OR DECLARES THAT HE/SHE IS ___ YEARS OF AGE AND REQUESTS THAT HIS/HER PARENT OR GUARDIAN SIGN THIS AGREEMENT THIS _____ DAY OF _____________, 200__. THE PARENT OR GUARDIAN SIGNING THIS AGREEMENT DOES SO FOR AND ON THEIR BEHALF AND FOR AND ON THE BEHALF OF THE MINOR PARTICIPANT AND REPRESENTS AND WARRANTS THAT THEY HAVE THE LEGAL CAPACITY TO EXECUTE THIS AGREEMENT.

Phone Number (___)
Participant’s Birth Date:


Signature of Participant Name of Participant


Signature of Parent/Guardian (as needed) Name of Parent/Guardian (as needed)

[California L33]

I currently have an offer to have one of my images published and must sign a release for this to happen though I am a bit worried by some of the wording in the release. In the 2.0 part it sounds like they are trying to take the complete rights to the image, including the original unless I am misunderstanding.

Also bit confused on what a likeness release form is, sounds to me that just means guidelines and I could create my own release forum to send to them?

I am willing to allow usage and for the image to be edited if required for the project.

Any one able to help clear this confusion up?
Thanks
Cooper


Here is the release, I have blanked out the companies name.


ASSIGNMENT AND NAME AND LIKENESS RELEASE

In consideration of the opportunity afforded to me to have my photo, a copy of which is attached as Exhibit A (the “Photo”), appear in the ____________. the undersigned (the “Participant”) agrees that _______, or its assigns, agents or employees shall, to the exclusion of the Participant, have:

1.0, the right (if they appear in the Photo) to use, and edit, the Participant’s name, likeness, voice, in any and all media (including but not limited to billboards, the internet, theatrical presentation and television) now and hereafter known, in connection with the advertising, exploitation, sale, publicity and promotion of the ______;

2.0 All right, title and interest that the Participant may have in and to the Photo, including, without limitation, any film, negatives, finished photographs, reproductions and copies of original slide negatives of the Participant and the Participant hereby assigns any and all right, title and interest that the Participant may have in the Photo and further waives all moral rights therein;

The Participant forever releases and discharges and shall hold _______, their successors, assigns, agents, affiliates, licensees, and advertising agencies, harmless from any and all claims, demands, causes of action which the Participant may at any time have in connection with the use of the rights granted in this Agreement, including, without limitation his/her image, likeness, name and the Photo itself. The present Agreement is governed by the laws of Quebec and the courts therein shall have jurisdiction to hear any dispute.

THE PARTICIPANT WARRANTS AND PROMISES, AGREES, AND REPRESENTS THAT THE PHOTO IS HIS/HER OWN AND DOES NOT VIOLATE OR INFRINGE THE RIGHTS OF ANY THIRD PARTY AND THAT HE/SHE HAS READ THIS AGREEMENT IN ITS ENTIRETY AND FULLY UNDERSTANDS THE MEANING AND EFFECT OF THIS AGREEMENT, AND INTENDS TO BE LEGALLY BOUND BY IT, AND THE PARTICIPANT STATES THAT HE/SHE IS OVER 18 YEARS OF AGE AND ACKNOWLEDGES THAT HE/SHE HAS SIGNED THIS RELEASE OR DECLARES THAT HE/SHE IS ___ YEARS OF AGE AND REQUESTS THAT HIS/HER PARENT OR GUARDIAN SIGN THIS AGREEMENT THIS _____ DAY OF _____________, 200__. THE PARENT OR GUARDIAN SIGNING THIS AGREEMENT DOES SO FOR AND ON THEIR BEHALF AND FOR AND ON THE BEHALF OF THE MINOR PARTICIPANT AND REPRESENTS AND WARRANTS THAT THEY HAVE THE LEGAL CAPACITY TO EXECUTE THIS AGREEMENT.

Phone Number (___)
Participant’s Birth Date:


Signature of Participant Name of Participant


Signature of Parent/Guardian (as needed) Name of Parent/Guardian (as needed)

Yup, they want the whole enchilada. Tell them the price for one time use and permanent acquisition are VERY different. Personally, I don't even consider selling the copyright to my work.

[TheCoop]

Thanks, that's what I was afraid of. I am also not willing to sell the copyright to any of my favorites which this one is. I will just have to contact them and hopefully we can agree to a single use otherwise no deal.

[Photo-John]

I'm not sure what "to the exclusion of the Participant" means. But the rest of it means that they want to be able to do whatever they please with it. Would you be getting paid for the use of your image? If not, I'd tell them to beat it. Who's the publisher and how did they want to use the image?

I would write my own usage statement with a price for one-time usage and send that to them. If they want it all, offer it at a crazy price and see what they say. Don't be afraid to negotiate. And if they just want to use your photo for free, calll them out. Tell us who they are. Photographers need to point out who the scumbag publishers are so we can try to keep them honest.