question about waivers

[Chuck_P]

My question:

After gaining permission to enter someone's property to photograph (I'm going to be working on a project this winter about -- winter trees in the rural landscape), do I need a signature of waiver in case some of these images may be sold locally? I have an opportunity to sell some photographs, which I have never done, and so I am just wandering what obligations, if any, I may have regarding profit derrived from photographs taken from private property.

Thanks
Chuck

 

[MikeSeb]

Not sure what the law says on this point, but better safe than sorry. Permission up front will be cheaper than litigated "forgiveness" on the back end, especially if you're selling the images. Presumably they're letting you on the property knowing what you have in mind, so it's hard to figure they'd object to signing a release of some sort.

You may need to give them something "tangible" as consideration to make the release agreement valuable. How about a photograph of their property?

 

[Jim Jones]

Having the property owner sign a model release may be a good idea. There are endless releases available online, and information (sometimes conflicting) on the legal aspects. Just google for model release. It may be more efficient to offer a small cash payment when you get the release than to deliver a print later.

 

[JBrunner]

There is actually a specific release for property. The people I work with use them all the time when we shoot TV commercials. They are most applicable when you are advertising a product. "Art" is a little more ambiguous, but if you have the graces of the property owner, by all means, get it. In the case of a future conflict, a signed release can often be the final word. You can Google "property release". I think the ASMP has them on line as well.

 

[Chuck_P]

Thanks for the responses.

JB,
Thanks for the property lease info, it is what I was looking for. But not sure about this part:

"I agree I have received consideration for the rights granted in this release"......... sounds like payment.

The definition of "Consideration" is that it is "something of value received for the rights granted" indicating that I am to give him something in return, not necessarily money, but something of value. Perhaps a hardy handshake is a valuable thing, or a small print, maybe a lolipop .

Thanks again.
Chuck

 

[JBrunner]

Thanks for the responses.

JB,
Thanks for the property lease info, it is what I was looking for. But not sure about this part:

"I agree I have received consideration for the rights granted in this release"......... sounds like payment.

The definition of "Consideration" is that it is "something of value received for the rights granted" indicating that I am to give him something in return, not necessarily money, but something of value. Perhaps a hardy handshake is a valuable thing, or a small print, maybe a lolipop .

Thanks again.
Chuck

Customarily, if there is no fee for the "usage" a dollar is still given. The acceptance of payment by the releasing party, even a token, strongly enforces the validity of the contract. You can certainly strike the clause, but it does weaken the agreement.

 

[copake_ham]

The "one dollar" remains standard, albeit, symbolic. There really is no need to transfer a monetary amount - but it has traditionally been used. It is possible to create consideration without any monetary amount.

Nonetheless, the usual phrase is something to the effect: "Whereas the Licensee has duly paid to the Licensor the sum of One Dollar and No Cents, and such other valuable consideration as the parties hereto deem appropriate...."

 

[MattKing]

The "one dollar" remains standard, albeit, symbolic. There really is no need to transfer a monetary amount - but it has traditionally been used. It is possible to create consideration without any monetary amount.

Nonetheless, the usual phrase is something to the effect: "Whereas the Licensee has duly paid to the Licensor the sum of One Dollar and No Cents, and such other valuable consideration as the parties hereto deem appropriate...."

Just give the property owner a peppercorn .

Sorry, I was just transported briefly back to law school.

Matt