# Release Forms - Canada vs. US



## Photos by Barbi (Jun 23, 2009)

I haven't had a chance to look how many Canadians are around here, but I'm hoping there are plenty. Regardless, what I'm looking for is the following;

1. Are release forms/consent forms one in the same?
2. Who and how does one decide what is outlined in this form?
3. Can it be self written or should it be drawn up by a lawyer?
4. Do photographers have several different versions to suit needs for different types of shoots?
5. Has anyone been generously given a copy of another's release/consent form by another photographer? If so, is anyone willing to share and allow me to adjust accordingly?
6. What are the ethical rules involved with what is outlined?
7. Are there differences between the states and Canada when it comes to what is required to be outlined in the forms?

Anyone who can discuss this with me thoroughly, I'll love ya forever! I so need help in this department.


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## tirediron (Jun 23, 2009)

1. They can be.
2. The photographer through research in consultation with legal expertise
3. See above.
4. They may have; I have one which covers all of the eventualities I can foresee with 'Stroke out non-applicable' areas.
5. I don't mind sharing, but I don't have a soft-copy handy right now.
6. Whatever you feel comfortable with. If the subject doesn't like he/she won't sign, and you don't get to use the image.


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## SpeedTrap (Jun 23, 2009)

1)Are release forms/consent forms one in the same?

They can be, I typically have one model release for adults and one for minors that must be signed by a parent or guardian

2. Who and how does one decide what is outlined in this form?
 
You may want to look into your local branch of the PPOC, they will be able to help you with this.

3. Can it be self written or should it be drawn up by a lawyer?
 
See above statement, someone in the PPOC may share one with you as well if you join you have access to the library that has every form and contract you could need.

4. Do photographers have several different versions to suit needs for different types of shoots?
 
I only use the 2 I listed above for everything.  If I need something special(has not happened yet) I will just adjust mine.

5. Has anyone been generously given a copy of another's release/consent form by another photographer? If so, is anyone willing to share and allow me to adjust accordingly?
 
See the above PPOC comments

6. What are the ethical rules involved with what is outlined?
 
There are none in my release forms.  I will typically contact the subject and let them know I am selling an image of them, but it is up to you who you sell to.

7. Are there differences between the states and Canada when it comes to what is required to be outlined in the forms?
 
Yes, mostly because in Canada photographers do not retain copyright of the images unless it is in the contract or release.  The Client owns the rights to the images in Canada.  As well it is much less likely to get sued in Canada and damages can only be awarded on real value, there is no punitive damages in Canada.

On top of the questions you have here I would also suggest you look into Commercial Insurance, it can be had in Canada for around $700 per year and covers everything, this is also offered through the PPOC.


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## musicaleCA (Jun 23, 2009)

SpeedTrap said:


> Yes, mostly because in Canada photographers do not retain copyright of the images unless it is in the contract or release.  The Client owns the rights to the images in Canada.



Can you reference the piece of legislation that says so in Canadian law? I was under the impression that photographers here kept copyright on the images they take. If there's someone in the shot they keep moral rights to the image. 

You release should reflect what you're using it for. If you're shooting a model, a page or two of legalease is okay; if you're out shooting on the street (like I do quite often) and want a model release from someone, it's best to keep it short and sweet so that they aren't turned-off by it.


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## bigtwinky (Jun 23, 2009)

I believe in Quebec alone the subject owns the rights to their image, but in the rest of Canada, its the photographer


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## Photos by Barbi (Jun 23, 2009)

I'Ma gettin' confuzzled at the rules! LOL


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## musicaleCA (Jun 23, 2009)

bigtwinky said:


> I believe in Quebec alone the subject owns the rights to their image, but in the rest of Canada, its the photographer



That's what I thought too. When I researched BC law when writing my releases (particular privacy law) I found no mention of it. Also, Ambientlight.ca doesn't mention such laws. Notably here.

My understanding has always been that I'm allowed to shoot and use/publish/sell photos of people as long as there isn't a reasonable expectation of privacy, like if those people are walking around on the street (I was particularly concerned given I take quite a few candids some days).


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## tirediron (Jun 24, 2009)

bigtwinky said:


> I believe in Quebec alone the subject owns the rights to their image, but in the rest of Canada, its the photographer


 
As it has been explained to me (And I can't speak for anything unique to La Belle Province) the rules read this way:  "When a photographer contracts with a subject to produce images, the subject owns the copyright unless otherwise specified.  Images taken "just because" belong to the photographer".  In other words, if you are hired to shoot a portrait session, the subject by default owns the copyright.  If you shoot a pictuer of me walking down the street, it's yours.


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## SpeedTrap (Jun 24, 2009)

You can read a quick rundown on canadian copyright here

Professional Photographers of Canada - Copyright


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## Big Mike (Jun 24, 2009)

tirediron said:


> As it has been explained to me (And I can't speak for anything unique to La Belle Province) the rules read this way:  "When a photographer contracts with a subject to produce images, the subject owns the copyright unless otherwise specified.  Images taken "just because" belong to the photographer".  In other words, if you are hired to shoot a portrait session, the subject by default owns the copyright.  If you shoot a pictuer of me walking down the street, it's yours.


That is my understanding as well.  Artistic works 'done for hire' are the property of the purchaser, not the artist...provided that the artist has been compensated (paid).


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## tirediron (Jun 24, 2009)

Big Mike said:


> tirediron said:
> 
> 
> > Artistic works 'done for hire' are the property of the purchaser, not the artist...provided that the artist has been compensated (paid).
> ...


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## Photos by Barbi (Jun 25, 2009)

Big Mike said:


> That is my understanding as well.  Artistic works 'done for hire' are the property of the purchaser, not the artist...provided that the artist has been compensated (paid).



So, if I do use a release/consent form, if it outlines that I retain the copyright...is that legit? Can I keep the copyright on my photos by stating it?


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## Big Mike (Jun 25, 2009)

That's the idea yes.


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## KmH (Jun 25, 2009)

That sounds like the release form becomes, in effect, a contract.


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