I think it is only fair to offer prints or a modest compensation to subjects for use of their likeness in promotional uses for my business. For myself, I see it as the ethical way of doing business. Yes, my talents as a photographer captured the image ... but if the athlete didn't do what they do best, I have no opportunity to record the action. It is a teamwork effort ... and both parties should share in the rewards. If the image is worthy of promoting YOUR business ... YOU should compensate your subject accordingly ... it's only fair ... and in the end you BOTH profit from the experience. The cost of a custom print in return for a signerd release is a small price to pay for the use of the image and you will feel better about the deal.
White Balance so easy, even our 5 year old can do it.- Melissa Strickland
Given that the model release is, in fact, a contract, there should be some quid pro quo. The release should indicate " . . . for one dollar and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledge . . ." or other such wording. As a practical matter, if they are permitting you to use their likeness, it would be polite to provide something.
White Balance so easy, even our 5 year old can do it.- Melissa Strickland
But if they're a youth, high school or college athlete, then there might be a problem with paying them ANYTHING for use of their likeness. Would this viloate their amateur status and disqualify them from various competitions?
Just some random thoughts.
White Balance so easy, even our 5 year old can do it.- Melissa Strickland
I would think not - you are paying them for their services as a model, not as an athlete, per se. I would be very surprised if someone lost their "amateur status" in a sport as a result of receiving consideration for a modeling fee, as opposed to, for example, a prize such as a hole-in-one in a golf tournament, or payment for their athletic endeavours. I know in Canada that participants in the Western Hockey League lose their eligibility for NCAA hockey, so a number of players play in what is referred to as "Tier II" or Junior 'A' hockey to preserve their ability to proceed on to college hockey in the US.
White Balance so easy, even our 5 year old can do it.- Melissa Strickland
Here in Australia, yes you are required to get their permission (or parent/ guardian in the case of a child). To solve this problem in our business, one of the terms and conditions of our sale is that we are allowed to use the image in advertising. These terms and conditions are printed on the sales voucher and all sales vouchers are signed. So when I need a new photo for an ad, I can choose from any of the photos that I have recently sold. It works out well, because in most cases, the best photos sell quickly, allowing me to use them in my next ad campaign. [img]/ubbthreads/images/graemlins/grin.gif[/img]
White Balance so easy, even our 5 year old can do it.- Melissa Strickland
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