studio36uk wrote:

All the better reason then to protect it in the first instance.

I won't share © BY DEFAULT [even if I would share it by agreement] any more than I would put the name of the guy that washes and waxes my car on the title as a co-owner... or the architect who "creates" a new kitchen in my house as co-owner on the deed to the house. No, no, no. Not gonna happen.

Studio36

As we've established previously, you and I view the creative process [and what goes into it] in very different terms.  In my work the model does a little more than "wash and wax the car" [to use your analogy].  To make the images I do requires a large amount of trust and commitment and i choose to reward my collaborators suitably for bringing that to bear.  Really, seeing them as creative equals is the least i can do.

Maybe this is why I never seem to have so many problems with flaking, releases, escorts and the like.  People work with me because they want to, which pre-empts a lot of the issues others seem to deal with daily.

studio36uk wrote:

Hamza wrote:
If your TFP/CD shoot is TRULY collaborative, how much of the sales of said photographs would go to the model?

The best answer is this... ASSUMING THERE IS FACTUAL JOINT AUTHORSHIP AND JOINT OWNERSHIP OF ©, if there are two collaborating authors then 50% and the  respective percentage decreasing as more authors are involved, splitting the whole in equal shares. If there were 5? Then each would own 20% by default.

The key to that "best answer" is that the contributions need not be equal. One could do 90% of the work and the other 10% - but their ownership entitlement in the eyes of the law would still be 50/50.

Absent any other agreements that set other agreed shares in revenues, then, by default, the % share of revenues would be the same as the % share of actual ownership in the IP.

Studio36

Dude, I'm talking about actual money, greenbacks, cash in the hand!

The copyright stays with the photographer unless he is getting PAID.

Melvin Moten Jr wrote:

Hamza wrote:
If your TFP/CD shoot is TRULY collaborative, how much of the sales of said photographs would go to the model? 


If your TFP/CD shoot is TRULY collaborative, how much would the model get paid if you did sell any photos from said shoot?

In both cases, 50% of the net profits after recoupable expenses.  All of this is spelled out in my release form.

Damn dude! You're one generous MoFo!  I only give 30%, if the model actually makes the sale, then she gets 60%...  I however retain all copyrights...

As I've said before, I do not attempt to make a living shooting TFP/CD, it would be a losing proposition.

Southern Image Photo wrote:
(JOKE: What do you call 1,000 lawyers at the bottom of the ocean? ANSWER: A good start!  Sorry, couldn't resist...lol)

Heh...dang...  If I had a penny for every time I heard that joke, I wouldn't need to be a lawyer! 

-- rick

Vegas Alien wrote:
I booked a model last week for a shoot tomorrow night. We spoke and discussed ideas, terms and details. I called her just now to confirm.  She asks if I have a release to sign and I said, "yes." She says she does not sign releases for TFP/CD, only for paid work, and can I offer her any compensation.

I asked how either of us would be able to use the images without a signed release, and she says, "for self-promotion by both of us." I told her that that is precisely what my release states, self-promotional and non-commercial usage by both parties. It is the same usage she describes but is signed and also has a place for her date of birth, which we will need for nudes in addition to proof of ID.

She says, "Sorry, I'll have to pass." I told her it would have been nice for her to bring up this "policy" when we first spoke, so I could have booked my studio in place of she and I shooting. Her: "OK, thanks."

Am I the unusual one here? I prefer something more than a verbal agreement for usage of images.

jeskavardinski wrote:
I WOULD NOT sign a release if the photographer was  using them on a website ect.
UNLESS ITwas a paid shoot

how esle is he supposed to use those images... comon now get off it how is he to promote his work............ yea you can use my images but not on your website... you probably dont have a site anyway..... i would expect models  not to be so narrow minded.... sad sad sad
its like aphotog saying we do a shoot you get a cd but  you only get web ready images if you want to get prints you got to pay...

Hamza wrote:
Dude, I'm talking about actual money, greenbacks, cash in the hand!

The copyright stays with the photographer unless he is getting PAID.

In my world... and read my post above on the subject... if the work was TRULY COLLABORATIVE she would own half the copyright by the operation of the copyright law AND be entitled to HALF THE REVENUE.

In all cases she doesn't get that... and as for compensations she gets what she gets. Nothing more, nothing less. But I also do not swap spit with models for the next - XX - years over their "share". She puts in the time, she gets whatever was agreed on that she was to get, and she goes on her merry way. That's it!

Studio36

Hamza wrote:
If your TFP/CD shoot is TRULY collaborative, how much of the sales of said photographs would go to the model? 


If your TFP/CD shoot is TRULY collaborative, how much would the model get paid if you did sell any photos from said shoot?

Melvin Moten Jr wrote:
In both cases, 50% of the net profits after recoupable expenses.  All of this is spelled out in my release form.

Hamza wrote:
Damn dude! You're one generous MoFo!  I only give 30%, if the model actually makes the sale, then she gets 60%...  I however retain all copyrights...

Let me assure you:  Any model who works with me earns whatever I give them.  Shooting with me is not easy.