Forums > General Industry > Just who is the "Artist", anyway?

Model

TheArchon

Posts: 183

Pemberton, New Jersey, US

Here is the situation: 

A model with ideas and imagery in mind works with a photographer on those ideas.  The themes came from the model, but it was the photographer with the know-how who made it happen.  Variations on theme are a result of both minds collaborating...but who is counted as the artist of the shots?
Photographer, or model?
(I know many will say "both"...but let's say your choices are one or the other.)  Humor me, this is where "fact" leaves the building, and "opinion" takes over.

Aug 10 06 09:41 am Link

Model

Envy

Posts: 11189

Nashville, Tennessee, US

both.

Aug 10 06 09:42 am Link

Photographer

IDtenTANGO

Posts: 263

Denton, Texas, US

Whichever has the highest reputation.  See also: Andy Warhol.

Aug 10 06 09:46 am Link

Photographer

Phillip Ritchie

Posts: 1105

Costa Mesa, California, US

TheArchon wrote:
Here is the situation: 

A model with ideas and imagery in mind works with a photographer on those ideas.  The themes came from the model, but it was the photographer with the know-how who made it happen.  Variations on theme are a result of both minds collaborating...but who is counted as the artist of the shots?
Photographer, or model?
(I know many will say "both"...but let's say your choices are one or the other.)  Humor me, this is where "fact" leaves the building, and "opinion" takes over.

If the model has an idea they are then the" art director" that's why you have art directors ,
they get a creative photographer to  interpret  there ideas,

so to answer your question  my thoughts , the model is the art director  and gets credit  as a AD,

because even if you help its there idea and that's why creative photographs get more work because they make art directors look good  ,

being a creative Photographer is talent, no more than a model that has the look and knows how to use it makes the photographer look good,

  so every body wins its team work

Phillip

Aug 10 06 09:57 am Link

Photographer

Kentsoul

Posts: 9739

Pittsburgh, Pennsylvania, US

both.

Aug 10 06 09:58 am Link

Photographer

James Graham

Posts: 741

Brooklyn, New York, US

Better question:

Just who is the "Archon", anyway?

Aug 10 06 10:01 am Link

Photographer

Looknsee Photography

Posts: 26342

Portland, Oregon, US

There is a distinction between an "artist" and a "craftsman".  A "craftsman" can execture the concept with high quality, but it is the "artist" that defines the concept in the first place.  Thus, in your scenario, I'd say the model is the "artist".

Another way to look at it:  who paid whom?  The person who hired the other is / should be the person who retains the copyright.

Aug 10 06 10:01 am Link

Model

e-string

Posts: 24002

Kansas City, Missouri, US

It's ALWAYS both, even if the concept was just the photographer's. Most photographers aren't the ones doing the posing. Therefore it is almost always a collaboration.

Of course, my statement makes the huge assumption that the model can pose well. If the photographer has to explain every little step, then the above goes out the window.

Aug 10 06 10:02 am Link

Photographer

Brian Diaz

Posts: 65617

Danbury, Connecticut, US

Without a contract that states otherwise, copyright goes to the photographer.

Aug 10 06 10:03 am Link

Photographer

Ken Norcross

Posts: 423

Philadelphia, Pennsylvania, US

James Graham wrote:
Better question:

Just who is the "Archon", anyway?

ar·chon (är'kŏn', -kən) pronunciation
n.

   1. A high official; a ruler.
   2. One of the nine principal magistrates of ancient Athens.
   3. An authoritative figure; a leader: archons of cultural modernism.

[Latin archōn, from Greek arkhōn, from present participle of arkhein, to rule.]

Aug 10 06 10:04 am Link

Photographer

Tog

Posts: 55204

Birmingham, Alabama, US

If the model has ideas they want to produce images for they hire a photography get an agreement in writing as to ownership of the copyrights and produce the images..

If the photog has ideas they want to produce they hire the model, and blah blah blah..

If both do..  I would suggest... Talking....  Taking notes... Writing a new contract..

Aug 10 06 10:15 am Link

Photographer

Analog Nomad

Posts: 4097

Pattaya, Central, Thailand

TheArchon wrote:
Here is the situation: 

A model with ideas and imagery in mind works with a photographer on those ideas.  The themes came from the model, but it was the photographer with the know-how who made it happen.  Variations on theme are a result of both minds collaborating...but who is counted as the artist of the shots?
Photographer, or model?
(I know many will say "both"...but let's say your choices are one or the other.)  Humor me, this is where "fact" leaves the building, and "opinion" takes over.

Not that there is automatically any particular value to tradition -- but -- the Mona Lisa is signed by da Vinci, not La Giocanda. There is a long tradition of work being signed by the artist, even when there was a team effort.

I personally believe in the value of group effort, and generally think two or more heads produce better work than one -- but, at the end of the day, I think the person who pushes the button gets to claim the work as his or her own, as it has been for centuries.

But I think whenever possible, MUA, stylists and models should receive credit too.

Aug 10 06 10:40 am Link

Photographer

Rich Mohr

Posts: 1843

Chicago, Illinois, US

It's a collaboration. Neither might exist without the other...
Just my .02cents

Aug 10 06 10:56 am Link

Photographer

Boho Hobo

Posts: 25351

Santa Barbara, California, US

James Graham wrote:
Better question:

Just who is the "Archon", anyway?

lol.

probably someone contemplating becoming an AD after the last negative thread about monetary viability of male internet models.

Aug 10 06 11:07 am Link

Photographer

Al of Avalon

Posts: 413

San Antonio, Texas, US

Looknsee Photography wrote:
There is a distinction between an "artist" and a "craftsman".  A "craftsman" can execture the concept with high quality, but it is the "artist" that defines the concept in the first place.  Thus, in your scenario, I'd say the model is the "artist".

Another way to look at it:  who paid whom?  The person who hired the other is / should be the person who retains the copyright.

Wrong. Unless the photographer is on the client's payroll as a employee, the copyright always belongs to the photog. It has nothing to do with pay.

Aug 10 06 11:12 am Link

Model

TheArchon

Posts: 183

Pemberton, New Jersey, US

Good responses, all!  To answer one question, in particular:

Archon.  "What" is Archon would have been the apt question.
Other than it being my stage-name for the band that I front:


In late antiquity some variants of Gnosticism used the term Archon to refer to several servants of the Demiurge, the "creator god" that stood between the human race and a transcendent God that could only be reached through gnosis. In this context they have the role of the angels and demons of the Old Testament.

The Egyptian Gnostic Basilideans accepted the existence of an archon called Abraxas who was the prince of 365 spiritual beings (Irenaeus, Adversus Haereses, I.24). The Orphics accepted the existence of seven archons: Iadabaoth or Ialdabaoth (who created the six others), Iao, Sabaoth, Adonaios, Elaios, Astaphanos and Horaios (Origen, Contra Celsum, VI.31). The commonly-called Pistis Sophia (or The Books of the Savior) gives another set: Paraplex, Hekate, Ariouth (females), Typhon, and Iachtanabas (males).

Ialdabaoth had a head of a lion, just like Mithraic Kronos (Chronos) and Vedic Narasimha, a form of Vishnu. Their wrathful nature was mistaken as evil. The snake wrapped around them is Ananta (Sesha) Naga (mythology).

In the early literary period of ancient Greece the chief magistrates of various Greek city states were called Archons. The term was also used throughout Greek history in a more general sense, ranging from "club leader" to "master of the tables" at syssitia to "Roman governor". Archōns ruled by imperium, whereas Basileus ("sovereign") are said to have auctoritas.

In Athens a system of three concurrent Archons evolved, the three office holders being known as the Archon Eponymous, the Polemarch, and the Archon Basileus. Originally these offices were filled from the aristocracy by elections every ten years. During this period Archon Eponymous was the chief magistrate, the Polemarch was the head of the armed forces, and the Archon Basileus was responsible for the civic religious arrangements. After 683 BC the offices were held for only a single year, and the year was named after the Archon Eponymous. (Many ancient calendar systems did not number their years consecutively as we do.) After 487 BC the archonships were assigned by lot to any citizen and the Polemarch's military duties were taken over by a new class of generals known as strategoi. The Polemarch thereafter had only minor religious duties. The Archon Eponymous remained the titular head of state even under the democracy, though of much reduced political importance. The Archons were assisted by "junior Archons", called Thesmothetes. After 457 BC ex-archons were automatically enrolled as life members of the Areopagus, though that assembly was no longer extremely important politically at that time.

Aug 10 06 11:45 am Link

Model

TheArchon

Posts: 183

Pemberton, New Jersey, US

KM von Seidl wrote:

lol.

probably someone contemplating becoming an AD after the last negative thread about monetary viability of male internet models.

lol
You are almost right...The role of Artisitic Director has been one that I have ALWAYS been a part of.  That last thread about the monetary viability of male models was a result of my temper reaching the last millimeter of rope, and then breaking.  Between my band and this, I forget once in a while that in THIS industry, I am not the one who has all of the control.

Aug 10 06 11:51 am Link

Photographer

ert3006

Posts: 988

Saskatoon, Saskatchewan, Canada

WG Rowland wrote:
If the model has ideas they want to produce images for they hire a photography get an agreement in writing as to ownership of the copyrights and produce the images..

If the photog has ideas they want to produce they hire the model, and blah blah blah..

If both do..  I would suggest... Talking....  Taking notes... Writing a new contract..

Very good, might someone post a contract on this basis?

Aug 10 06 12:02 pm Link

Photographer

vanscottie

Posts: 1190

Winnetka, California, US

An idea does not make one an artist, no matter how well thought out and planed and detailed it is. It is the one who brings it into the world that is the artist.

Aug 10 06 12:11 pm Link

Model

TheArchon

Posts: 183

Pemberton, New Jersey, US

vanscottie wrote:
An idea does not make one an artist, no matter how well thought out and planed and detailed it is. It is the one who brings it into the world that is the artist.

This is the best argument, so far.  Well spoken!

Aug 10 06 12:48 pm Link