Most model release forms contain the clause, "for other good and valuable consideration herein acknowledged as received", or something to that effect. This basically means, some form of payment. So how do you know how much to pay?

If you are on asignment and photograph a professional model, the price is negotiated prior to shooting. But what about candids of "the guy on a bench feeding birds" or "mom and son playing in the sand at the beach". The photo's nobody is paying you for, but you hope to sell as stock photos or to enter in a contest.

What is considered "good and valuable consideration"? You don't want to offer too little and insult the subject, and since this is freelance work, it's your money.

-- Paul A. Teseny (cintex@fast.net), January 23, 2000

Answers

I write my own model releases as needed. I have a set fee I pay a model for 2 hours modelling. I rarely shoot candids, but if I were to start, I would write a special model release offering to give the subject one free 8x10 of themselves as payment, or $10, whichever they prefer. Something like that.

-- (edbuffaloe@unblinkingeye.com), January 24, 2000.

For somebody out in public like that, I generally offer them a print of the photo if they want one. Maybe an 8X10 or something. Whatever it's worth to you.

-- Joe Cole (jcole@apha.com), January 24, 2000.

"valuable consideration received" means the subject "has received" (and that point is important)something of value to them. It does not necessarily mean money; it could mean money, it could mean prints, it could mean a great big hug (or handshake) or a pleasant "thanks!".

Prints are always a good idea, but follow through with delivery.

Rick

-- Rick Stiles (rstiles@ghg.net), January 24, 2000.

This post is given with all the usual legal disclaimers, including if you require advice you intend to rely upon in your particular circumstances, see your lawyer.

In contract common law, providing there has been payment ("valuable consideration") no matter how small it is, and it has been accepted as such and received, the courts will not look at whether it was adequate. In other words, the courts will not determine whether in the circumstances it was a good bargain (or a good "deal") just whether a deal was made. So the payment of a greater consideration ($10, $100, $1,000 etc) does not make the deal more legally secure. What you end up "paying" depends on what you deal you manage to negotiate. Also, one of the elements in order for there to be a valid enforceable contract is there must have been some "consideration" whether it be cash, kind or something else of value to the parties. That is one of the reasons there is the consideration proviso in most model releases, so the photographer relying upon it has an enforceable contract.

Cheers Frank

-- Frank Alvaro (falvaro@ozemail.com.au), January 31, 2000.