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Am I crazy?
Lately, I've been thinking of changing a couple of things in regards to the documents a model signs before a shoot. So far, I haven't run into any major problems but a few minor missunderstandings have come up. My current shooting procedure consists of: Keep in mind these are mostly for when I am $hiring$ the model 1. Model signs the release. It's a standard release and there's nothing out of the ordinary about it. Just your basic legal stuff. However, I find that most models either don't bother to read or just pretend to read it. And even though there's nothing funky about the release, I still get a little nervous knowing the model probably doesn't fully understand her rights or mine. 2. To protect myself from being accused of saying/promising something I didn't I like to set up all of my shoots via either e-mail, Model Mayhem Mail, or Instant Messenger. I try to keep phone conversation to a minimum. Mostly to confirm the shoot and things like that. Details about the shoot itself I want to have in writing. Anyways, I print up all correspondence up to the shoot e-mails, IM's, etc and have the model sign it. Obviously this is to guard against being accused of promising something that I didn't. 3. After the initial details of the shoot are hammered out, I write up a formal offer letter and e-mail it to the model. Complete with details of the shoot, expectations, rules, what to bring, compensation details, copies of the release so the model can read it ahead of time, and anything else that might matter. This is signed at the time of the shoot as well. And finally, I am considering adding a fourth document which breaks down the release into easy to understand, bite sized explainations of the model's and photographer's rights, how many photos the model can expect to receive (if any), who can edit the photos, who owns the copyright, and so on. And you guessed it. This gets signed too. Am I going way overboard here? Or am I just covering my ass considering all of the wacky claims I've been seeing all over these forums lately (i.e. "The model owns 50% of the rights", "I got paid and didn't receive photos", etc)? Anyone care to share your standard opperating procedures? Did I put you to sleep? Sep 21 06 12:19 am Link John Jebbia wrote: Damn. You gave me a headache. Sep 21 06 12:25 am Link KM von Seidl wrote: Sorry, I was in a mood.. Sep 21 06 12:31 am Link EDIT... whoa. just noticed you are paying the model. in that case, most of this seems unnecessary. you could make a rules of the house document and have them sign the release. no release no shoot/no check. Sep 21 06 12:33 am Link John Jebbia wrote: yikes. probably overboard. a lawyer would love it Sep 21 06 12:33 am Link waaaayyyyyyy too much keep it simple a model release if you hire them you dont have to give them anything other than a check... talk on the phone can give you more ideas etc talking to each other also gives them a better comfort level unless your a cold person then it wont help....lol Sep 21 06 12:35 am Link John Jebbia wrote: I may need an office manager. Do you WFP? Sep 21 06 12:38 am Link Bruce Talbot wrote: Depends on who's "P" I'm working for. Sep 21 06 12:40 am Link I think the intent here is to prevent misunderstandings, and as long as the documents don't run into the dozens of pages, you are showing professionalism and courtesy. Sep 21 06 12:40 am Link John Jebbia wrote: Hmmm, I forgot you're quick like that. Carry on. Sep 21 06 12:42 am Link John, your approach if it works for you is great. To me, it reminds me of what we used to call in law school an "overabundance of caution." I probably am too lax. Model and I find each other, agree to work. What we agree to work on I summarize in a final email, we work. I typically trade for "prints" though pottery, green herb, beer, sushi, certain kinds of plants, have worked their way into the equation as well. After we work some sort of paper is signed and life is good. I haven't had any problems yet. And maybe someday I will, but I'll be damned if I want to feel like I'm working for Finkelman, Roberts and Wells just to get some shots. Sep 21 06 12:43 am Link A little overboard.... If you have records of the e-mails you can send them a final summary with the details before the shoot - especially if it was discussed on the phone. They don't have to sign it. When the release is signed, give them a copy of the signed release. There is some defense now with "I didn't read it", but it's not been a strong defense. If they don't read it - what makes you think they'll read the summary or explanation? For me, they're told verbally in short hand what the release covers, and asked if they have any questions. Sep 21 06 02:28 am Link Overboard and overlapping. Too many documents covering the same thing. And in different language. Inevitably, different statements of the same thing yield to different interpretations of what was meant. In such a case, which document controls? For instance, does your clear, plain language summary take precedence over the formal release? Bad idea. Sep 21 06 08:19 am Link Ok.. the consensus is... So, I'm trying to ensure of no misunderstandings, but I need to tone it down a bit. Sep 21 06 11:15 pm Link Whatever. Just give me the money and I will sign away all my rights to the photos except adult websites, but since I don't do spreads anyway, not really worried about that. Sep 21 06 11:17 pm Link |
