Adding a "nude clause" - DPChallenge Forums

Canon EF 70-200mm f/2.8L IS USM II

07/24/2007 11:13:52 AM · #1

I recently did a shoot for a good friend of mine. She wanted some tasteful nudes done for her husband, so I did them for her. Seeing as she is a friend and she doesn't want any of the photos made public (ie. used in advertising, shown as samples to other people), I gave her all the photos on CD and since I didn't keep any copies for myself, I didn't bother making her sign a contract. It was my first nude shoot, and I got some really good experience and to me that alone made the shoot worth it (not to mention she is very easy on the eyes :))

She has told a few of her close friends about the shoot, and now I'm getting telephone calls from these women and they all want me to do some nude photos of them for their husbands. I have no problem doing them, but I definitely will require them to sign a contract for me. I have a standard contract that I use for portraits, but I need to add something in there about the nude part.... being at least 18, giving consent to being photographed nude, etc... The problem I have is how to word this in my contract. Anyone have any ideas?

PhotoDave

Canon EOS-5D Mark II

07/24/2007 11:25:36 AM · #2

you should be able to find some sample contracts through google, that's what Ive used in the past for talent release forms...

-dave

doctornick

Apple iPhone 13 Pro

07/24/2007 11:30:55 AM · #3

Another thing to consider when you are shooting nekkid pics of women you don't know is to have a female assistant present during the shoot at all times, for your own protection against being falsely accused of improper behaviour....not to mention that this would make your subjects more relaxed for the shoot too.

Message edited by author 2007-07-24 11:32:10.

07/24/2007 11:42:26 AM · #4

Originally posted by doctornick:

not to mention that this would make your subjects more relaxed for the shoot too.

Not necessarily. I've had subjects that insisted that absolutely nobody be there. Rather than have a female assistant (which would be yet another person she didn't know), I find it better to ask them if they'd like to bring along someone.

The added benefit to her bringing along someone is that you can get more gigs out of it.

Canon EF 17-40mm f/4.0L USM

07/24/2007 12:56:32 PM · #5

My wife was present for the shoot that I did for my friend, and for any future shoots either she has to be present, or they have to bring a friend. In that case, the model and the friend both have to sign the model release stating that the shoot was witnessed by the friend. If at all possible, I would prefer that my wife be present... it covers my butt the best :)

Thanks

JaimeVinas

Canon EOS-1D Mark IV

07/24/2007 12:59:56 PM · #6

would prefer that my wife be present... it covers my butt the best

Wise man. :)

_eug

Nikon D50

Nikon AF Nikkor 50mm f/1.8D

07/24/2007 01:11:18 PM · #7

Originally posted by daninbc:

I would prefer that my wife be present... it covers my butt the best :)

Yes the photographer's butt (and most everything else too) should be covered.

;)

doctornick

Apple iPhone 13 Pro

07/24/2007 01:19:43 PM · #8

Originally posted by _eug:

...Yes the photographer's butt (and most everything else too) should be covered.

;)

...especially if it looks like this ->>>

07/24/2007 01:23:43 PM · #9

Hmmm.... I think I won't comment on that last one hehe.

07/24/2007 02:31:38 PM · #10

oy! Yes, it should be covered. Can't have another man's wife falling in love with the photog :-P

Just curious... what are you wanting the contract to say? That you promise not to use the nudes?

07/24/2007 02:46:34 PM · #11

You're making it a lot more complicated than it needs to be. Just shoot them and get paid for it. You're not using the images so why even bother with a contract?

Message edited by author 2007-07-24 14:46:50.

Nikon AF-S DX Zoom-Nikkor 18-55mm f/3.5-5.6 ED

07/24/2007 06:16:07 PM · #12

Since the women who have called me to do their photos were referred by my original friend but they are not friends of mine, I want to keep rights to all of their images and use them for advertising, etc... To me, they are a regular customer. The only images that I will not be using are the originals that I took, and that's only because she is a good friend. This is why I want to use a contract / release.

Apple iPhone 5

07/24/2007 06:22:41 PM · #13

Originally posted by daninbc:

I dunno... but I think the original idea was for them to just give the photos to their husbands as a 'private' present. I can't see them signing a contract agreeing that you can post them on your website :)

Or at least... if you do present them with such a contract, make sure they are perfectly clear on the 'advertising' clause. Or you might have some angry husbands knocking on your door.

Cboydrun

Canon EOS-1D Mark IV

Canon EF 35mm f/1.4L USM

07/24/2007 06:34:32 PM · #14

It is wise, to be PERFECTLY clear to whomever your shooting, that they know exactly what you plan on doing with orignals, If they think that all originals will be given to them or destroyed and it ends up elsewhere you could end up in court. be careful how you word, the contract, and I would add at the end that no matter what happens you aren't liable, be it the images end up printed all over the neighbourhood or on the net. (naturally that wouldnt happen, I hope!)
Also if it was me I would add to be signed (and witnessed-that is the participants signature is witnessed, not neccasarily the shoot itself) saying The shoot was done responsinably and professional. but thats just me, with a dad for a lawyer, I learned to be careful, haha probally rediculously so! hahaha I wish it could be simmpler, It could be but just in case you get a crazy... It could protect you later.

07/24/2007 06:42:12 PM · #15

Originally posted by jhonan:

Exactly. There are tons of nudes that will never even make it to my printed portfolio, DPC or my web portfolio. Sometimes you just have to make other arrangements to build the portfolio.

Do some TFCD/TFP with wannabe models and leave the housewives alone.

07/24/2007 06:53:04 PM · #16

I should have made myself a bit more clear. When I say advertising, what I mean is I will use the photos as samples of my work to show other people who want the same type of photo. They will not end up posted anywhere on the internet, or even in print for that matter (other than the prints for the customer themselves). When someone calls and asks if I do nudes and I say yes, the first thing they ask me is if they can see samples of my nude work so they know that what they will be getting are tasteful nudes. This way, I can put them on my laptop and show them without fear of them being distributed freely in print or on the net. In my experience, an everyday woman would rather see photos of other everyday women, instead of plastic enhanced models. And yes, I do make it perfectly clear to whomever I shoot that the originals are my property and they have to sign a contract stating this.

Thank you all for your info and insight.

Dan

07/24/2007 06:57:57 PM · #17

Dan, it's quite possible to get average looking models and probably less disruptive to your business to do so, rather than trying to get a release from your paying clients.

For most of my nude sets, I cross out the release section of my contract in front of them. My nude portfolio are from others that I trade prints for release with. Occasionally, I do trade prints for releases with would-be clients.

modelmayhem and myspace are both very good resources for a search for average looking models.

Message edited by author 2007-07-24 18:58:51.

07/24/2007 07:41:58 PM · #18

Originally posted by daninbc:

And yes, I do make it perfectly clear to whomever I shoot that the originals are my property and they have to sign a contract stating this.

Why do you need a contract for that? They never owned the originals to begin with.

Message edited by author 2007-07-24 19:43:05.

Nikon AF-S DX Zoom-Nikkor 18-55mm f/3.5-5.6 ED

07/24/2007 07:56:18 PM · #19

fotomann, I'll probably look into that... thanks for the info :)I guess nudes with no strings attached would be easiest.

Apple iPhone 5

07/24/2007 07:58:00 PM · #20

Originally posted by daninbc:

I guess nudes with no strings attached would be easiest.

Besides, where would you attach the strings?

07/24/2007 07:59:38 PM · #21

Originally posted by virtuamike:

Originally posted by daninbc:
And yes, I do make it perfectly clear to whomever I shoot that the originals are my property and they have to sign a contract stating this.

Why do you need a contract for that? They never owned the originals to begin with.

Legally, if he wants to use the images in his portfolio, he needs a model release, since the portfolio is being used to sell a service - his photography.

Legally, he could use any photo he takes for personal use, including DPC challenges, but obviously that would be bad both morally and for his reputation.

07/24/2007 08:00:32 PM · #22

Originally posted by jhonan:

Originally posted by daninbc:
I guess nudes with no strings attached would be easiest.
Besides, where would you attach the strings?

No comment.

07/24/2007 08:04:27 PM · #23

Originally posted by fotomann_forever:

Originally posted by virtuamike:

Originally posted by daninbc:
And yes, I do make it perfectly clear to whomever I shoot that the originals are my property and they have to sign a contract stating this.

Why do you need a contract for that? They never owned the originals to begin with.

Legally, if he wants to use the images in his portfolio, he needs a model release, since the portfolio is being used to sell a service - his photography.

Legally, he could use any photo he takes for personal use, including DPC challenges, but obviously that would be bad both morally and for his reputation.

You don't need a release to put a shot into your portfolio.

07/24/2007 08:07:15 PM · #24

Originally posted by virtuamike:

You don't need a release to put a shot into your portfolio.

If you are using a portfolio to sell your services, you sure do need a release. You might not ever need it, but if it ever came to court, you'd be glad you had it.

Nudes can be a headache. It's better to keep your ass from being handed to ya. In any case, it's bad juju to be showing nudes to others without consent of the model.