Assistance required for Legal requirements

[Bhavpayne]

Hi All,

I have done adult work on a casual and more informal manner, however, I have been in touch with one new model, who is interested in doing some stills and later wants me to represent her for further adult work etc. with agreed fees going her way.

In past I have been a bit careless and kept no documentation of the casual shoots, I want to do things properly now, can you guys help me in determining what documents I need to ensure that I am 100% legally complaint for paid and unpaid work. The first shoots are stills ranging from lingerie to nude, solo, bj, vaginal (on gonzo), which would include myself having sex with the model in return of agreed fee.

I will appreciate your assistance at the earliest as I have a meet with her early June, are they any sample documentation or agreements that I can get her to sign and what she needs to submit to show consent etc.

Awaiting your reply.

[femorg]

Hi
you really need 2 sets of things
1) is a legally acceptable model release form (i could send you an example by personal email) that gives you rights to market the material made. As long as the model is over 18 and the shoot does not involve what is illegal in the UK (e.g., rape, some aspects of watersports, animals ... I am not sure of the full stricyures because i don't do that) ... it doesn't matter if it is pov, etc. as long as it is within the law, it is ok. However if it involves [mild] pain, better to make sure your release does specifically mention it.
2) proof of the model's legal ae at the time of shoot - this is normally a copy of 1 or 2 forms of photo ID (USA sites in particular are getting to want 2 forms AND ideally also a pic of the model holding her ID near her face AND increasingly, a copy of a daily publcation such as a newspaper, in the other so that it is clear that they were photographed on a data after their birthday - very highly recommended with models who are only 18-20ish and who might conceivably have been shot before their 18th birthday

hope that helps

[Astar]

Hi Donald

I have read your post with interest,as i also would like to air more to the legal side of the law.
Would really appreciate it if you could email me a copy of your model release form.

Just a note about using a daily newspaper as referance, brilliant idea.

Thanks for your post.






roberts.a@btinternet.com

[paul jones]

What the other guys said, plus, and IANAL but this is based on experience and advice :-

1) Keep your model release in Plain English.

UK courts can and do overturn contracts if they consider that the person didn't understand what they were signing.

Esp if they think the contract was written that way to hide what it really meant

2) Agency contracts

"Exclusive" terms in artist contracts are now also understood to have implied terms that require performance standards by the agent. I.e. - your ability to enforce "exclusive" is contingent on your providing the artist a good enough income.

There are also issues re law and morality, (court can decline to get involved in cases where they think it more a moral than legal issue).

You should assume that you will not be able to enforce any Exclusivity clauses UNLESS you are making her good money. (But if you are, she will stay with you without such a clause...)

3) You cannot bind third parties.

If you have an exclusive deal and she joins AIR and you write to me asking me to take her off, my answer will be NO. It will be up to her to delete herself. Your argument is with her, not me.

4) Financial Reality

Thre is no money in being an agent unless you are very well organised and look after a LOT of models.

Help her as a friend, not as a business.

Cheers

[Bhavpayne]

Thanks Donald,

my email address is rfalmersl@gmail.com

My second question is that if I want to represent the model as an agent is there a specific contract I need to do with her, would you have a copy of it, what sort of documentation will I be needing to have etc.

Appreciate your help.

[Bhavpayne]

Hi Paul,

1- You are an absolute legend in the UK adult industry I have heard a lot about yourself, I agree to your point of providing the contract in plain english, would you have some contract that I can take with me which qualifies to be in simple plain language.

2- I have friendly and mentoring terms with the model I don't want to enforce anything however, I need to do it correctly and whatever representation I provide her with a clause of exclusivity or not, I want to ensure that there is some legal cover for myself. I am not stressing on her to be financially tied with me however, I wish to go agency way in the future and need some experience (in legal sense) to ensure I again complaint with legal representation standards, would you be able to direct me towards any such document for representation.

3- On your third point I understand your comment and am not looking to bind her in any way. If I deliver she will leave.

4- I agree to your fourth observation, I am looking to help her not make money out of her, only focus is to over overhead admin expenses, not a business yet, if the models like me they will work for me otherwise yourself and many other professionals have more contacts to deliver great results.

Cheers

Ray

[justincyder]

I was under the impression, model release forms aren't worth the paper they're written on as by law the tog owns the copyright anyway and can do as they wish in any event, providing all other legal requirements have been met.

[myson]

justincyder wrote:

"I was under the impression, model release forms aren't worth the paper they're written on as by law the tog owns the copyright anyway and can do as they wish in any event, providing all other legal requirements have been met."

You are basically correct but it's also good practice to have the models "permissions" in writing as well.
It gives you a "back up" if, at a later date, the model (or more usually, her NEW boyfriend) starts shouting and wanting all the content of her taken down.
Also, if you are wanting to sell your content on to other publishers (magazines, websites, etc) they generally won't take it without being supplied with a copy of the Model Release.

It's basically a "belt and braces" back up to the laws on copyright ownership.

Myson
!oldie!

[Bhavpayne]

Hi Donald,

Can you please send me the release form as promised by yourself.

Regards

Ray

[Bhavpayne]

Hi Myson,

Can you please let me know if you have a release form or a contract sample that I can use. The email address is rfalmersl@gmail.com

Thanks

Ray