Canadian Model Release

[jd callow]

I apologize to all Canadian Lawyers (MKing) as this post is asking for free legal advice and will, if successful will post a free legal document.

I need a Canadian model release below is what I use in the US and I'm wondering if it'll be binding in Canada.

For good and valuable Consideration herein acknowledged as received, and by signing this release I hereby give ___________ and Assigns my permission to license the Images and to use the Images in any Media for any purpose (except pornographic or defamatory). I agree that the Images may be combined with other images, text and graphics, and cropped, altered or modified.
I agree that I have no rights to the Images, and all rights to the Images belong to the _______ and Assigns. I acknowledge and agree that I have no further right to additional Consideration or accounting, and that I will make no further claim for any reason to _______ and/or Assigns. I acknowledge and agree that this release is binding upon my heirs and assigns. I agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws of the province of...

 

[MurrayMinchin]

Canadian Model Release. Can't get this image out of my head; a great thundering, giggling, jiggling herd of models breaking loose from a paddock on a dusty prairie plateau.

Murray

 

[Christopher Walrath]

'SHER! I'll letcha take my picktcher, there, eh. Just hold me beer there for a sec.'
__________________ (Signature). ___-________-2____ (Date).

(I know. I'm horrible.)

 

[Eric Rose]

looks good JD, although I'm no lawyer.

 

[MattKing]

John:

All the releases I regularly deal with nowadays concern dead people (mostly I deal with estates) so I am not sure that they would help you with what you are looking for, but I'll see what I can find

Matt

P.S. I've now pulled up to examples. The first, which has fairly wide scope, and appears quite effective, is from an imaging laboratory at the University of Victoria:

http://web.uvic.ca/ail/model.htm

The other, which is my favorite, but only because of the unusual source, is from the Canadian Forces Personnel Support Agency (CFPSA)

http://www.cfpsa.com/en/psp/Sp/pdfs/Model_Release_2007_e.pdf

In either case, the two critical issues are whether there is something of value given for the Release ("consideration") and whether the Release is appropriate in the circumstances, and was entered into by knowledgeable parties. In the first case, a small amount of cash or some sort of commercial or financial benefit (such as a model fee, a model credit in a publication, or promotional photos supplied, etc.) should suffice.

In the second case, if you can adapt the Release so it clearly hows the immediate intended use (e.g. in a planned advertising program for XYZ Widgets, plus any other subsequent use, for future not yet determined uses) helps to evidence the mutual understanding.

Feel free to use anything here, but I may need a waiver from you for the free advice .

Matt

 

[sly]

Check out www.harbourcityphoto.com . Click on legal notes. There are 2 model releases there, one short, one long. Pick your choice.

 

[Craig]

In some of the releases I've signed for intellectual property rights the "good and valuable consideration" is usually defined as one dollar, and there is a place to sign that acknowledges the recipt of the dollar. You might be better to define the consideration, or remove it entirely and simply have the release grant you the permission to use the images as you see fit, with no mention of consideration. That way it isn't a commercial transaction per se, as permission to use is given freely.

 

[gr82bart]

This is the 'short' release form from the Canadian Association of Photographers and Illustrators in Communications (CAPIC), one of the two recognized professional photography associations in Canada.

I actually have taken the long form and, for each shoot, modified it specifically for the shoot in question.

Regards, Art.

 

[MattKing]

Craig and Art:

Craig:

Without "Consideration", the Release probably has no legal effect.

Art:

Thanks, I was hoping someone would jump in with either a CAPIC or PPoC form (I'm not a member of either, so it wouldn't probably be a good idea for me to share their product) .

Matt