Vinnaren i pepparkakshustävlingen!
2018-06-21, 12:40
  #1
Medlem
spicyjazs avatar
Hey, so in Asia and elsewhere I have always used release forms before hiring models for my adult movies. The ones I used there were quite a bit stricter than the one's I intend to use in Europe, simply because I wanted to be 100% sure no corrupt authority figure there could extort me. There are a lot of people in some parts of South East Asia who look for an angle to try and exploit or extort people, so I had to protect myself legally.

However, having such strict model release forms here in Europe might actually deter models from being willing to work with me, so I have some slightly adjusted ones that are softer in town. I was wondering if anyone here could tell me if they hold up, legally speaking. I'll link to the pictures of the release form down bellow so you can review.

Thank you for the help!!!

https://postimg.cc/image/whfqzin5p/

https://postimg.cc/image/hy8ly41ql/
Citera
2018-06-21, 13:09
  #2
Medlem
EckiEckis avatar
Citat:
Ursprungligen postat av spicyjaz
I'll link to the pictures of the release form down bellow so you can review.

Thank you for the help!!!

https://postimg.cc/image/whfqzin5p/

https://postimg.cc/image/hy8ly41ql/

Sorry, but quite a lot of Swedish intellectual property laws can not be transferred or released even if both parties wishes to do so. I do not see any of your release forms as enforceable.

Also, Swedish contractual law does not allow for terms that are "unreasonable". What qualifies as such is decided on a case per case basis.
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Senast redigerad av EckiEcki 2018-06-21 kl. 13:11.
Citera
2018-06-21, 13:43
  #3
Medlem
shapeuporslipouts avatar
Citat:
Ursprungligen postat av spicyjaz
Hey, so in Asia and elsewhere I have always used release forms before hiring models for my adult movies. The ones I used there were quite a bit stricter than the one's I intend to use in Europe, simply because I wanted to be 100% sure no corrupt authority figure there could extort me. There are a lot of people in some parts of South East Asia who look for an angle to try and exploit or extort people, so I had to protect myself legally.

However, having such strict model release forms here in Europe might actually deter models from being willing to work with me, so I have some slightly adjusted ones that are softer in town. I was wondering if anyone here could tell me if they hold up, legally speaking. I'll link to the pictures of the release form down bellow so you can review.

Thank you for the help!!!

https://postimg.cc/image/whfqzin5p/

https://postimg.cc/image/hy8ly41ql/

I'm not the right person to answer whether the contract holds or not. I can however mention a couple of things, to at least give you some legal assistance or pointers.

You need to know that any contract might be adjusted should the court find that one or more contractual term is unfair. Your contract show those kind of potential unfair or one sided terms. I will not mention anything specific, simply because I don't know for sure. Some things that definitely works against you is:
  1. The contract is standardised.
  2. The contract is written by only one party.
  3. The contract is in English (which can be better or worse).

The three points together will probably put you in a disadvantage, as anything that's unclear or could be (reasonably) interpreted in two ways (that's why you're in court) will more likely be interpreted the way your business partner does. In other words, if something is unclear then you will probably suffer.

My advise is, no matter what document, to make sure that the person you intend to work with understands what they're agreeing to. Go through sentence by sentence and make sure that there's nothing unclear and that the person in question truly agrees with everything. Else you might get problems later even if the document is formally right.

My best advice is to print the document that you intend to use and sit down and go through it. Make notes on the side - regarding unclear points - and clarify. Doing that the contract becomes less standardised and one-sided.

Also remember that the more you clarify in the document the more it will only applies to the specific examples you're making. It's all about balance.

Good luck.
Citera
2018-06-21, 13:58
  #4
Medlem
spicyjazs avatar
So if I understand you two correctly, a model could have my movies removed from my shop basing it on a copyright claim even if they've been paid and signed a contract? Just claiming they didn't understand parts of it when they said it hold up in court? Then why wouldn't millions of adult performers do that after being paid? They could "Regret" making the video and have them removed.
Citera
2018-06-21, 14:28
  #5
Medlem
shapeuporslipouts avatar
Citat:
Ursprungligen postat av spicyjaz
So if I understand you two correctly, a model could have my movies removed from my shop basing it on a copyright claim even if they've been paid and signed a contract? Just claiming they didn't understand parts of it when they said it hold up in court? Then why wouldn't millions of adult performers do that after being paid? They could "Regret" making the video and have them removed.

Sweden don't use "four corner law" system. It means that the contract (four corners) only adds on top of an existing layer of "background" law. Some of that "background" law is compulsory, and such compulsory laws you can't get around even if both parties agrees to do so.

For example: Person A can't promise to sell his house five years later to person B.

The "background" law also fills gaps that you might have forgotten or missed to fill in.

For example: If person A buys person B:s car but they forget to mention anything about the price, then the "background" law will kick in and state that it's going to be market value - no matter if you though that you'll make a good deal.

Remember that regretting a deal is not the same as being mislead into a deal.
Citera
2018-06-21, 17:24
  #6
Medlem
spicyjazs avatar
Well filmed a number of movies with models in the past and ALWAYS let them know that I would be selling them on my shop later. I also made clear to them that beyond their payment on the day of the shooting, to which they agreed to, there would be no further payment or royalties for the movies made.

That is in the contract itself. Do you think it is acceptable?
Citera
2018-06-21, 18:23
  #7
Medlem
shapeuporslipouts avatar
Citat:
Ursprungligen postat av spicyjaz
Well filmed a number of movies with models in the past and ALWAYS let them know that I would be selling them on my shop later. I also made clear to them that beyond their payment on the day of the shooting, to which they agreed to, there would be no further payment or royalties for the movies made.

That is in the contract itself. Do you think it is acceptable?

What I think won't be much of value as I honestly don't know.

If we assume such contract is valid, which it might be or could be under different conditions, then there's the next set of factors that might affect.

For example: Was the model desperate for money? Did the model appear to be mentally unstable at the time? Might the model have been under the influence of narcotics?

Those kind of questions becomes relevant especially if the conditions are very favourable to you. I'm not saying they are because I have no clue how much you're paying and how much the movies are making profit.

I'm gonna stop guessing and give you the best advise I can. Contact a law firm that work with these kind of questions and let them make a contract that you can use, and be fairly sure is going to hold in court. Just make sure you contact a law firm that offer free first 15 minutes or meeting.
Citera

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