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05/03/2006 11:13:35 AM · #1 |
just got an email from a friend of a lady at church who's son is wanting to put a modeling portfolio together. He's interested in me shooting him but wants to use the shots for his portfolio- I'm doing this for my portfolio so I have someone other then my daughter in it.
What do I need to do as far as legal stuff? I want the credit for the pictures but I'm thinking I need a lawyer for all that? On the other hand I was thinking just a one time charge since he wants them for his own portfolio.
I had the lady who does our church newsletter put in a thing for me looking for teens to use for my portrait portfolio. I'm offering free proofs- how big do proofs need to be? I'm just ordering them from a cheap place nothing expensive. But if they want to use them for their own work I need to charge right?
Wasn't even expecting anyone to get back to me- much less someone NOT in our church. Our church is pretty small and I know all the teens and wouldn't charge them. I did state that I would charge if they wanted actual prints apart from the proofs.
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05/03/2006 11:20:39 AM · #2 |
If you're both starting out then generally you could do a TFP or TFCD (Time for Prints) or (Time for CD). This link is for a model guide but it still contains some interesting information for a photographer - TFP
If he approached you with the plan that you shoot his headshots for a portfolio then he would pay you. If he approached you as a model after a call out for you then usually you pay him. There is a difference between client and paid model.
Make sure you get a model release that specifically states what s/he can do with the images and have him/her sign it (make sure you have a witness too). This works both ways and it could also limit what you do with the images too, such as whether or not you can sell them at a later time.
If you provide a CD rather than prints, which is the cheaper option, then make sure you also provide a form allowing him/her to get the images on the CD printed. Even places like Walmart are being cautious about copyrights these days.
I'm sure there are loads more experienced photographers out there with better info, tho!
Message edited by author 2006-05-03 11:29:51. |
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05/03/2006 11:24:40 AM · #3 |
ty for the reply lol.
He's a teen wanting to put a portfolio together for modeling. He's not a model. His mom sent me an email
Hi Kimberly,
Mary gave me your number and email. My son, Will has been
taking some modeling classes and would be very eager to pose for you. He
needs to start gathering a portfolio and needs to have a compcard (which I'm
really not sure what it is). Let me know if you want to use him.
Thanks,
Carla
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05/03/2006 12:01:46 PM · #4 |
I'd suggest Time for Prints, since you are both interested in using these in your portfolios. Obviously you end up paying the cost of prints (proofs), but it's a cost of getting images for your portfolio.
Don't forget that with the Model Release, you may need a Parent's signature depending on age. |
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05/03/2006 12:11:08 PM · #5 |
Since you're both trying to put together a portfolio, I'd treat it as a time for prints deal, rather than either of you charging the other, for a basic set of prints that will be enough to get him started and do his compcard.
If I were in your position, then I'd be looking for something like the following:
I (photographer) get:
- Retention of copyright.
- Permission to use, publish, exhibit and distribute the images in original or altered form, for personal publicity and marketing purposes in any media without further consideration (compensation) to the model.
- Any other usages (e.g. selling to stock libraries) subject to permission of model.
He (model) gets:
- One set of proof prints and/or one copy of the images on CD.
- Perpetual, irrevocable, non-exclusive license to use, reproduce, publish and distribute the images in any media for personal publicity and marketing purposes, provided that the images are not manipulated beyond colour correction or conversion to monochrome, and that the images carry a photographer credit.
- Any other usages (e.g. for marketing of any other corporate entity) subject to permission of the photographer.
Beyond this, any other usage is subject to negoation and agreement. If he wants you to put together a compcard for him, or supply 100 8x10 copies of a headshot, or use one of the images to market his line of perfumes, then he needs to get your permission and maybe pay you as appropriate. If you want to use one of the images as part of a job for a corporate client, then you need to get his permission and maybe pay him as appropriate. But both of you can use the images for getting your respective careers off the ground.
If he is not a legal adult, then make sure that the agreement/model release/contract is signed by both him and his parent/guardian. The proofs and/or CD you supply should be marked with a copyright notice, but maybe not "all rights reserved" because you have given him limited rights to the images. You could even put a copy of the agreement onto the CD for future reference.
I am not a lawyer, so take my advice at your own risk, and don't take the legal-like language I've used to be appropriate, particularly as the appropriate terms might be different where you are than where I am. It's best to get a lawyer to look over it, but if you've got something that is 3/4 of the way there then that's easier and quicker than starting from scratch. If you find anything in my template model release helpful then feel free to use or adapt it, again at your own risk.
If you are going to be working as a professional photographer, then investing some time and money in some standard model releases for this and other situtations is a worthwhile business expense (or is it an investment in your business?).
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05/03/2006 01:11:07 PM · #6 |
Oh wow, thank you for all the input and help!
I'm doing this for practice for me and to use someone other then my 5yo daughter and to start a small business. I'm not actually wanting to do model shoots, just happened to get this email this morning. I'm doing it for a portfolio for myself to show for anyone intrested in having portraits done. I'm going to only do outdoor protraits for now as I don't have the money or the space for an indoor studio. Paddles that was most helpful and I think I'll be calling our friend tonight for some help too. He already has a studio- has for years and does professional photography here in VA so I can go through all the legal stuff with him.
I was actually not expecting any response from my newsletter exerpt, or one this quickly for that matter so I'm really nervous now lol. |
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