Again: This is not a Model Release. You’re talking about some sort of usage agreement between you and the original photographer. You’re talking about copyright. A Model Release is an agreement between a photographer and his subject, setting out what, if any, financial rewards a subject can expect from sale of the images from a shoot.
Alex.
No, he is talking about a Model Release Form & the ramifications of not having one, not an Image Licensing Agreement.
I believe so long as the image is used for Reportage & serves public interest, then you don’t need a MRF. I know NYC’s legislation on this is the most demanding in the US, I’d recommend checking out the finer points there, or liaise with an IP Attorney in NYC to confirm.
As I understand it (seriously, talk to the Attorney, they’ll know it better than anyone):
Example, you see Michael Jordan crossing the street in NYC, he is carrying ‘X Brand’ of bag, he is on his way to a meeting about opening a new restaurant. You take a photo.
What is ok, using the image to highly that Michael Jordan is in town for a meeting about the new restaurant. What isn’t ok is using the same image to promote ‘X Brand’ of bag.
Then there are also some other details to consider:
1) Formal Contract between yourself & Second Shooter
2) Does your insurance cover more than yourself.
3) Your need to indemnify the Second Shooter.
4) Your need to replace any & all of their equipment that is Damaged or Stolen as a result of your client or their guests actions.
5) Since they’re legally employed by you (even just for the day), this also means you’re responsible for ensuring that they get their break entitlements.
I am curious, what happens in the event of over 50% of the Album contents being those images shot by your Second Shooter? Unlikely, but stranger things have happened.
(This post may be the results of insanely strong pain medication)
I admit I’m fairly liberal on my use of photoshop, but its usage is based on the end use of the image in question. Something for a Model, Hair Stylist or MUA portfolio is going to receive less post production beyond crop & colour correction then something I’d be putting in my own.
Removing blemishes & dust (if any), generally smoothing the skin, dodging & burning, brightening eyes, addition of catch & kick lights, removal of stray hair. I’m not comfortable with the liquify tool, so tend to shy away from it. That said, I’m finding my portraiture more geared towards Fashion & Glamour.