Legal Question in Intellectual Property in California
photograhpy
Would a Release of Claims cover models try to sue for photos?
Asked on 4/25/07, 10:38 pm
1 Answer from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Re: photograhpy
Maybe, maybe not.
A release of claims, or a release of any kind, in order to be effective, must specify the specific claims or the specific class of claims being released. A release of "all claims" often is insufficient to release claims the claim holder doesn't know or suspect she may have. See Civil Code section 1542. This provision can be waived in a properly-worded release.
Further, a release of claims has absolutely no effect on claims that arise AFTER the date of the release. One cannot (at least ordinarily) pre-release future claims. There can be exceptions arising from assumption-of-risk agreements and the like.
Answered on 4/26/07, 12:18 am