I need some model release help.

My day job company is once again using(abusing) my talents. I'm an executive assistant during the day, but whenever the company needs a photographer I get to shoot for free.. it's part of my "job" description. Don't ask me how it ended up like that... I have NO idea how I managed to screw myself so badly!

Anyways, my company is coming out with a new product line and I will need to use models, I'm assuming that my current model release will not work because I'm working as a photographer for my day job company.... not as a photographer for Lovely Day Photo. Does anyone know what I will need to change in my model release form? Do I need to have them sign two forms? one for me and one for my day job?

I would also LOVE to hear any polite ways to tell my boss (who I've been shooting his family for over 6 years) How I understand that he hired me and that in return I say thank you by shooting his family once or maybe twice a year, but don't appreciate being the photographer for the 2 companies that he owns.

Thank you for reading!!!

Melissa - can't help you with what to tell your boss although I'm sure you have several scenarios running through your mind

As for the model release, why would you use yours? Let your company hire a lawyer to write the model release. It should be their expense, not yours. You're giving enough already...

Thanks Frank!

I do have several scenario's running through my head.

But am I supposed to just amend my current release then submit it for review by their lawyer? Or do I let them create one from scratch?

thanks for taking the time to respond, I really appreciate it!

ok...yeah, you need to really be careful.

1. Equipment. I hope you're not using your own equipment. If so, let your boss know that you've talked with a lawyer/insurance company (and to do so would be good), and discovered that your equipment is not covered while working for them. They ought to provide you with the equipment, or you can rent the equipment locally and give them the bill. Don't use your own equipment.

2. Model Release. Yes, in order to protect the company from a lawsuit, they need to have a lawyer draw up a contract. Tell your boss in no uncertain terms that you aren't willing to work with a model until the company provides that release. IN NO WAY should you create this release or use your own. You do not want to be responsible in case that the company gets sued for whatever reason. You are not a lawyer, and you do not know corporate law. You don't even want to know.

3. Time. At the very least, I hope you're getting paid for any and all time you spend on this. You said you did it for free....but I hope you're at least getting the hourly salary?

Now, if all that was in place (you're equipment isn't at risk, you're not providing legal documents that you aren't qualified to give, and you're paid for your time) then milk this puppy. Get your title changed "Executive Assistant/Lead Corporate Photographer." Get as much practice in your daily job as you can! More fun than typing, right?


ETA:

If you shoot for the job, as an employee of the company, then the company owns the copyright (to my knowledge)...so don't use any of those images as part of your portfolio.

If you want, you can give your boss the option of providing equipment, pay, and legal resources....or hiring your company to do the photography at a day rate. Either way it should be well documented and contracted, and no more fuzzy lines.

OHMIGOSH!!! Jillian... YOU ROCK!!!!

This is exactly what I needed!!! I did pass on a generic PPA model release to our COO to give to our lawyers so they a template to start with.

It's great to know that I don't own ANY of the copyrights... that sucks...but really good to know!

I guess you could say I'm getting paid... but I'm on salary... and I have already set the rules for absolutely NO weekends for this project. But of course never said no nights, and as of right now It's going to be a weekday evening. yuk!

As far as the equipment I don't know how well that is going to go over. I will have to talk to someone about that. I know I will get the you are not a good "team player" speech if I try to tell them they need to rent me equipment or pay me to use mine. uuuggghh!

I wish I could think of something in the 100-200 dollar range that I *need* for the shoot, that I could just run out and charge on my companies card just so i feel like I am getting paid somehow. LOL ( is that bad??)



I LOVE THAT TITLE!! it makes me feel better about having a day job still! I am so going to bring that up at lunch next time my boss takes me to lunch!!


again thank you thank you thank you!!!

You're getting used and abused by your company! They are really taking advantage of you I feel. I know it's easy to say you need to get out of there but I know it's more complicated than that. I'd have a serious talk with your boss about how you feel and that you are considering leaving...see what how they react to that. If they truly value what you bring to your job, they'll resolve these issues...but they need to know how you feel about them first. It's just business, it's not personal..and in that frame, you are being taken advantage of and you need it to stop.

Just my 2yen

Melissa, honey, I know EXACTLY what you're going through! I was previously working for a company as a graphics production specialist and they through me into photographing product because they knew I could, although I didn't get paid any more than my coworkers for doing the extra work! So I started off using my equipment and then realized how BAD of an idea it was and I told them flat out....LOOK.....are you going to insure my equipment in case something happens to it while using it here? They said NO, so I said Ok....buy me equipment or you get no pictures. LOL They did though.....they realized that I was right and they took my recommendations and bought a company camera and some lighting stuff.


Bottom Line....tell your boss that you ARE a team player because you're not only looking out for yourself but you're looking out for them as well by making sure all your i's are dotted and your t's crossed. Let your boss know that it is his/her job to look out for their company, and its your job to look out for your own. Business is business. By using your stuff on their job, you're risking your business...what happens if the camera gets knocked off a table and broken...and you have a wedding that weekend? Are they going to help you get a replacement in time? Good thing to lay it all out on the table now, before you do any more shoots for them.

BTW, I love what Jillian said too about either paying for you to rent equipment or paying your company a day rate for the job. I also offered a similar solution to my company....it could be cheaper and less headache for them to outsource the job, so let them know it may be a better solution for them to outsource the job...and who better to outsource to than to your company! They are familiar with your level of quality and work so it makes sense. They don't have to worry about releases or equipment, because then it becomes your responsibility but then you'll be adaquetely compensated.

Good luck!!

Photographing anything for FREE (against your will) is bad for you, your brand and your creative flow. Even if the company decides to hire you, they should be providing the model release. The last thing you want is to be sued for an improper release. When it comes to legal issues, you provide them with a contract regarding liscensing your images. You also give them a qoute? Your work is valuable, you should be duly compensated for this work. here is a link to a great book about the best business practices for photographer. Your day job is your day job. By the way, do you remember how this situation started? Did you "show off" your talents one day or did the boss need something for nothing and you made your talents known?

Peace,
Parris