Forums > General Industry > Togs have 'em. . .should models?

Model

Just AJ

Posts: 3478

Round Rock, Texas, US

MM'ers:
I've read, more than a few times now, about models that have worked with photogs and never gotten photos back from a shoot. . .or that photogs have totally altered their photos in the name of "art". . .or other things that really appall me.  Why does this happen??  Where is the model's protection?  What is she/he to do. . .never shoot again??

Well folks I propose that models develop their own release.  True indeed the "picture" is the photog's art and useage of that art should be at the discretion of the photographer.  BUT how fair is it to PS the model into a frog???  How fair is it for a model to do all that is possible to help the photog and him/herself have a favorable shoot. . .and get nothing to show for it???  Has this ever been done?  Would it be a good thing (not talking major contract, just a minor release with the model's best interest in mind)?

Let's have it!

Mar 09 06 02:06 pm Link

Photographer

Lens N Light

Posts: 16341

Bradford, Vermont, US

You pay the shoot, the photos are yours. I pay the shoot, and the photos are mine. (Unless cntracted otherwise, of course.)

Mar 09 06 02:10 pm Link

Photographer

PlasticPuppet

Posts: 2719

Windsor, Ontario, Canada

Haha, well if a photographer is turning you into a frog then you probably didn't look too much at their portfolio long and hard enough.  Most photographers do simular stuff over and over, so there *should* be no suprises. Ribbet!

As for the model contract yes, some models actually do have them.  Even theda, one of our moderators, has one and it a big advocate I believe of using them -- for an expected ETA on when she'll recieve her pictures back and usage.   Just becareful that your contract doesn't go to far, or the photographer might say 'well if you are going to have that many stipulations in the contract, why don't you just pay me for them?'

Mar 09 06 02:15 pm Link

Photographer

Morton Visuals

Posts: 1773

Hope, Idaho, US

Lens N Light wrote:
You pay the shoot, the photos are yours. I pay the shoot, and the photos are mine. (Unless cntracted otherwise, of course.)

I concur. My only stipulation: If you (the model) alter the photo I created, DO NOT put my name on it. I will not have someone judge me for someone else's work.

Wm

Mar 09 06 02:17 pm Link

Photographer

Jay Bowman

Posts: 6511

Los Angeles, California, US

PlasticPuppet wrote:
Haha, well if a photographer is turning you into a frog then you probably didn't look too much at their portfolio long and hard enough.  Most photographers do simular stuff over and over, so there *should* be no suprises...

...Just becareful that your contract doesn't go to far, or the photographer might say 'well if you are going to have that many stipulations in the contract, why don't you just pay me for them?'

Exactly...

Mar 09 06 02:27 pm Link

Photographer

Brian Diaz

Posts: 65617

Danbury, Connecticut, US

Lens N Light wrote:
You pay the shoot, the photos are yours. I pay the shoot, and the photos are mine. (Unless cntracted otherwise, of course.)

Be careful here--just because you pay for a shoot, that doesn't automatically give you ownership of the copyright.  That's a seperate matter that must be explicitly stated in the contract.

However, if you pay for a shoot, you will probably be given creative control (and responsibility wink).

But the most important part of getting the photos you want is communication with the photographer before, during, and after the shoot.  Discuss everything, and make sure that your needs are being met.  In a collaboration, you are more than a warm prop.  Act like it.

Mar 09 06 02:55 pm Link

Photographer

TBJ Imaging

Posts: 2416

Harrisburg, Pennsylvania, US

Jayne Jones wrote:
MM'ers:
I've read, more than a few times now, about models that have worked with photogs and never gotten photos back from a shoot. . .or that photogs have totally altered their photos in the name of "art". . .or other things that really appall me.  Why does this happen??  Where is the model's protection?  What is she/he to do. . .never shoot again??

Well folks I propose that models develop their own release.  True indeed the "picture" is the photog's art and useage of that art should be at the discretion of the photographer.  BUT how fair is it to PS the model into a frog???  How fair is it for a model to do all that is possible to help the photog and him/herself have a favorable shoot. . .and get nothing to show for it???  Has this ever been done?  Would it be a good thing (not talking major contract, just a minor release with the model's best interest in mind)?

Let's have it!

you don't need a release....you need a contract. If you want something specific from a shoot and you and the photographer have both agreed to it, it's always best to get everything in writing. If I promise a model 30 shots from a shoot I would have no problem signing a seperate contract saying that I agree to provide him/her with 30 images. But I am not sure what you mean by release.

Mar 09 06 03:04 pm Link

Photographer

jac3950

Posts: 1179

Freedom, New Hampshire, US

Second Glance wrote:
My only stipulation: If you (the model) alter the photo I created, DO NOT put my name on it. I will not have someone judge me for someone else's work.

Wm

Did Lord, yes... I've stopped worked with one model whose claim to being an expert with PS is greatly exaggerated. "Do you mind if I touch these up a bit" sounded fine when I imagined adjustments to brightness, contrast and a stated desire to desaturate, but the end result looks nothing like what I shot in the first place and I am insulted, frankly, to have my name splashed across the image.

I have since written into my release that no electronic manipulation is permitted.

As to the OP, just as with photographers, feel free to design your release any way you want. If you don't like my terms, don't pose for me. If I don't like your terms, we don't shoot. No hard feelings; it's all business. There are enough photographers and models out there for each to find what best suits.

Mar 09 06 03:04 pm Link

Photographer

MartinCoatesIV

Posts: 450

Panama City Beach, Florida, US

Release is what you get from a parent so a minor can shoot. The only release you get from a photog is to use images he retains ownership. What all of ya'll are complaining about in these threads is a contract.

I use them for every shoot even TFCD. If the photog has a fair contract the odel doesnt need anything. If the contract is no fair and the photog wont change it dont shoot with him. I discuss contract terms while in the planning stage of every shoot ad have the model sign it before the first snap.

As PSing my TFCD contract specifically says the model can not alter the images given to her be me without a written consent, but I did that mainly so they couldnt erase my credit tag.

This is art but professional art is a business, businesses use contracts. Use them, read, them, make both parties follow them, and everyoneshould be happy.

Martin IV

Mar 09 06 03:14 pm Link

Photographer

Samurai B

Posts: 86

Cardiff, Wales, United Kingdom

Manipulating the images? You'll never catch me doing that...

But seriously, if you do a shoot with a photog, then I would expect you to have looked at the profile and learned a little about the photographer BEFORE you participate. I mean, models who shoot with me should pretty much kind of expect to be (I'm resisting the urge to say "fiddled with") manipulated. One: from my existing work and two: I'd explain that if I want to manipulate one or some of the images, what I intend on doing.

If a model pays for the copyright to the shot, then it's the model who has the say. If they sign a release and agree with it, then there should be no problem. I for one, never ever sign away or sell the copyright to my images..unless the price is right of course...(hey, I need to buy mu coffee!!) I might sell the image itself, but I will still own the copyright, and therefor the right to do whatever I want with the image.

I feel that some models go into shoots with only one eye open. LOOK at the photogs portfolio...TALK to them...get a feel about what they are all about. THEN decide to work with them.

SB

Mar 09 06 03:34 pm Link

Photographer

lll

Posts: 12295

Seattle, Washington, US

I find this utterly funny.

If you don't get the images and have a contract, what would you do.  Sue him/her for unknown quality images? How much does it cost to sue?  How much would it have cost you to PAY for a good photographer to shoot a set of guaranteed good images who are professional-grade and will deliver within a week?

Also, if someone just wants to put your head on a frog, it's a LOT of work.  If someone wants to put your head on a naked body...are you kidding, he/she can just hire someone who'd do nude for very little money.  It's not worth the time, I don't think we have that many celebrities here to be worth doing that.

Get real.

And editing another artists' work is not only illegal without permission, it has always been considered as extremely rude.

It doesn't always have to be litigious, just use common courtesy and common sense.

Check references, look at the photographers' book and see how quickly he delivered in the past.  Clarify the deliverables, and timeline.  It's just simple communications, whether it's business or not.

Mar 09 06 05:12 pm Link

Photographer

Archived

Posts: 13509

Phoenix, Arizona, US

i concur - what're you gonna do, sue if you don't get your CD? sue if you're a frog? just move on to another photographer, it's not like you're out much. i mean, i realize it sucks not to get your images, but going to court seems a little overboard. checking references seems like it would prevent this kind of situation anyway.

then again, i think model releases are a little silly, too - what're you gonna do, sue me if you find out i sold a print? i don't have anything worth suing FOR, but go ahead, knock yourself out. i'd just win the suit anyway, and you'd have wasted your time.

Mar 09 06 05:23 pm Link

Model

Jay Dezelic

Posts: 5029

Seattle, Washington, US

lll wrote:
I find this utterly funny.

If you don't get the images and have a contract, what would you do.  Sue him/her for unknown quality images? How much does it cost to sue?  How much would it have cost you to PAY for a good photographer to shoot a set of guaranteed good images who are professional-grade and will deliver within a week?

Also, if someone just wants to put your head on a frog, it's a LOT of work.  If someone wants to put your head on a naked body...are you kidding, he/she can just hire someone who'd do nude for very little money.  It's not worth the time, I don't think we have that many celebrities here to be worth doing that.

Get real.

And editing another artists' work is not only illegal without permission, it has always been considered as extremely rude.

It doesn't always have to be litigious, just use common courtesy and common sense.

Check references, look at the photographers' book and see how quickly he delivered in the past.  Clarify the deliverables, and timeline.  It's just simple communications, whether it's business or not.

This all makes good sense.  However, in a situation where the model might have expenses such as travel, lodging, wardrobe, MUA etc. it would not be out of line I suppose to have a simple agreement that says if the photographer fails to deliver the images within an agreed period, then the model would send a bill for services rendered.  The model's time does have value which is represented in the resulting photos.  When a photog does not deliver photos on TFP terms, then it is essentially a breach of the initial agreement.  I have not had a problem with anyone yet, and I suppose if I did, I would assume that some problem happened where the images did not turn out.  I think most photogs want to get good images into model's portfolios because it's good marketing. - So it is not something I would spend much time worring about.

Mar 09 06 05:33 pm Link

Photographer

Archived

Posts: 13509

Phoenix, Arizona, US

these forums astound me. a photographer post-processing? OUTRAGEOUS! the model should SUE!!! after all - she paid nothing for the images. it's just a crime against humanity.

i think i'm never going to read one of these threads again.

Mar 09 06 05:40 pm Link

Photographer

MarkMarek

Posts: 2211

Edmonton, Alberta, Canada

Jay Dezelic wrote:
it would not be out of line I suppose to have a simple agreement that says if the photographer fails to deliver the images within an agreed period, then the model would send a bill for services rendered.

Forgetting the fact this is your 666th posts on MM - this statement IS out of line. What do you think photographers time is worth? Less than models? What do you think additional time spent on post production is worth? How much do you think a photographer has to pay for his equipment, its maintanance, upgrades, etc? I don't see it real, that any photographer would agree to such OUT OF LINE request.  Models just keep coming with more and more ridiculous demands. OMG, when is this going to stop?

Mar 09 06 05:40 pm Link

Photographer

ThefStopsHere

Posts: 2387

Olympia, Washington, US

a model is "just a model".  Please, don't forget that the photographer makes the photograph, not the model.  If I own the copyright on a photo i've shot of a model and i want to sell that photo with the model's face scratched out with black marker and call it "art", that's my right.  Models should be fairly compensated for their work in a timely manner that is agreed upon before the shoot.  After that, if the photographer owns the copyright, it's their call.  As for models having any decision in which photos are usable from a shoot.. i always ask models their opinions but very seldom do i agree with them or find that the model has an objective enough view point to really see which photos are best.  Models know how to model, photographers know how to make photographs... let's leave it at that.

Mar 09 06 05:48 pm Link

Photographer

Doug Lester

Posts: 10591

Atlanta, Georgia, US

Jayne Jones wrote:
MM'ers:
I've read, more than a few times now, about models that have worked with photogs and never gotten photos back from a shoot. . .or that photogs have totally altered their photos in the name of "art". . .or other things that really appall me.  Why does this happen??  Where is the model's protection?  What is she/he to do. . .never shoot again??

Well folks I propose that models develop their own release.  True indeed the "picture" is the photog's art and useage of that art should be at the discretion of the photographer.  BUT how fair is it to PS the model into a frog???  How fair is it for a model to do all that is possible to help the photog and him/herself have a favorable shoot. . .and get nothing to show for it???  Has this ever been done?  Would it be a good thing (not talking major contract, just a minor release with the model's best interest in mind)?

Let's have it!

What can I say? Women come to me for their photos because of my experience and my craft, but primarily for my 'vision'. If I feel the model's 'look' and the concept calls for it, then I'll make her into a frog. Actually I havent thought of that, sounds interesting.   I will not ever surrender creative control of my images to a model, any model. I've no objection at all to minor 'corrections, such as resizing or other minor manipulations, but that's as far as it goes. But if she pays me for a private commission, then the photos are hers and she can do anything whe wished with them, just leave my name off of them if major alterations are made..

If a model comes to me with a self written "contract", I'll thank her for her time and move on the the next model. However I have no problem at all with adding an addendum to the standard release, a separate sheet of paper with an agreement as to the time frame in which the images will be sent to her. Not received by her, but mailed to her. (Stuff does get lost by the USD, FEd EX, UPS and all of the other carriers, whi8ch is why I always get a receipt as to when the CD and prints were shipped. AS for photographers who simply fail to provide the agreed up on images, then I've no problem at all with the model plastering his/her name all over the internet. Not providing images within a reasonable amount of time is totally inexcusable. Well, once I was about 6 weeks late in mailing the images, but I was in the hospital for 3 weeks. But short of death ir serious illness, there is no excuse. Sometimes a photographer might be broke and not able to afford to make prints, but a CD costs a buck and shipping the CD cost about a buck and a half. If that's not affordable, then fishing might be a better hobby.

Mar 09 06 10:19 pm Link

Photographer

SKPhoto

Posts: 25784

Newark, California, US

$$$

Mar 09 06 10:22 pm Link

Photographer

john knight

Posts: 451

Farmington, New Mexico, US

the most logical solution would be for the photog to give the model a edited, but unaltered CD of the images and then he can do whatever he wants to his set of photographs. How many models would agree to that?

Mar 09 06 10:30 pm Link

Model

Jeri Lynn Astra

Posts: 240

Pleasantville, New York, US

Honestly, I've never really felt the need to have one. There are only two photographers I've not received discs from, but in proportion to the number of shoots I've done, I'd say that isn't so bad. It sucks, but it's part of the game. And even if they had signed something, short of sending them a bill they'd probably ignore, I doubt there's much I could do. I mean, I'm sure there are courses of action- there always are- but I certainly don't have the money to take someone to cort over a CD of images, probably 3 of which I'll actually use for anything.

Mar 09 06 10:33 pm Link

Digital Artist

Koray

Posts: 6720

Ankara, Ankara, Turkey

I dont do TFwhatever shit...no matter if I pay or not I send everything to the model but not the raw images cause I'm not a good photographer...ooops...owell...anyway. I say everything I create is yours but keep it as it is.

and I can turn you into worse things than a frog and if I do that its a compliment to you for being a muse.

a muse.

model = muse

please.

:cheers: < I need a cheers smilie.

Mar 09 06 11:02 pm Link

Photographer

area291

Posts: 2525

Calabasas, California, US

Jayne Jones wrote:
Togs have 'em. . .should models?

Togs are gardening clothes.  What exactly should models have in your question?

Mar 09 06 11:04 pm Link

Model

Just AJ

Posts: 3478

Round Rock, Texas, US

I just want to thank everyone for their input.  It has been interesting reading.

Mar 09 06 11:14 pm Link