Forums > General Industry > Should my photographer keep all my photos?

Makeup Artist

aubreyMUA

Posts: 12

New Braunfels, Texas, US

Should my photographer keep all my photos? If my contract says that I as a Agent get all the photos. Does he get the right to say no to me? How should that work? Can you plse tell me?

Nov 06 06 01:12 am Link

Photographer

Arizona Shoots

Posts: 28822

Phoenix, Arizona, US

What kind of agent?

Nov 06 06 01:13 am Link

Photographer

Cale J Glendening

Posts: 436

Nashville, Tennessee, US

aubreyMUA wrote:
Should my photographer keep all my photos? If my contract says that I as a Agent get all the photos. Does he get the right to say no to me? How should that work? Can you plse tell me?

If you have a contract with the photographer than yes, but just because you have a contract with an agent, doesn't mean you have a deal with a studio.

Nov 06 06 01:15 am Link

Makeup Artist

aubreyMUA

Posts: 12

New Braunfels, Texas, US

I am a Model agent trying to start my own business. I have 5 girls right now.  I also am there makeup artist. If I were to put it in there contract how would I write that?

Nov 06 06 01:15 am Link

Makeup Artist

aubreyMUA

Posts: 12

New Braunfels, Texas, US

Cale J Glendening wrote:

If you have a contract with the photographer than yes, but just because you have a contract with an agent, doesn't mean you have a deal with a studio.

I am the Agent and he is not a commercial photographer. How can I get that put in my Contract with the Model?

Nov 06 06 01:17 am Link

Photographer

Arizona Shoots

Posts: 28822

Phoenix, Arizona, US

aubreyMUA wrote:
I am a Model agent trying to start my own business. I have 5 girls right now.  I also am there makeup artist. If I were to put it in there contract how would I write that?

Not sure what the law is in TX, but you might need to be bonded ($10,000 in Arizona) and licensed. Not trying to take you off topic, but if you're not you might wanna hold back on playing the Agent card with photographers. That could get nasty.

Nov 06 06 01:18 am Link

Photographer

R Michael Walker

Posts: 11987

Costa Mesa, California, US

aubreyMUA wrote:

I am the Agent and he is not a commercial photographer. How can I get that put in my Contract with the Model?

He would have to be willing to sign a work for hire agreement giving you all rights to the images. Most photographer either won't do this at all or their rates skyrocket.
Mike

Nov 06 06 01:21 am Link

Photographer

Cale J Glendening

Posts: 436

Nashville, Tennessee, US

aubreyMUA wrote:

I am the Agent and he is not a commercial photographer. How can I get that put in my Contract with the Model?

Im stumped, sorry I wish I knew how to help you out.

Nov 06 06 01:21 am Link

Makeup Artist

aubreyMUA

Posts: 12

New Braunfels, Texas, US

Well he is not commercial and I am getting a business Tax thing with the courts so I can start a business. But my friend says me and the models should get a copy of all photo's taken. Bc I am running there Mayham sites. So what should I do?

Nov 06 06 01:21 am Link

Model

MelissaLynnette LaDiva

Posts: 50816

Leawood, Kansas, US

aubreyMUA wrote:
Should my photographer keep all my photos? If my contract says that I as a Agent get all the photos. Does he get the right to say no to me? How should that work? Can you plse tell me?

Should a photographer keep all of your photos.  If he took them with his camera, then they are his photos and he is being very nice to let you have even one, let alone all.
If you have a contract, and it says that you are acting as an agent are to receive a certain number of photos, then yes, you should get them.  Unless he didn't sign it.  Then yes, he has the right to say no to you.

Sidenote:  I would recommend that you figure out all the details of a business before you attempt to conduct said business.

Nov 06 06 01:22 am Link

Photographer

R Michael Walker

Posts: 11987

Costa Mesa, California, US

John Jebbia wrote:

Not sure what the law is in TX, but you might need to be bonded ($10,000 in Arizona) and licensed. Not trying to take you off topic, but if you're not you might wanna hold back on playing the Agent card with photographers. That could get nasty.

Bonded in CA too. But you can be a "manager" without those requirements I believe. You'd have to do the checking like in any business.
Mike

Nov 06 06 01:22 am Link

Makeup Artist

aubreyMUA

Posts: 12

New Braunfels, Texas, US

The photo's are his and hers. So she has a right to ask for them all and I do too. Right?

Nov 06 06 01:23 am Link

Photographer

Mikel Featherston

Posts: 11103

San Diego, California, US

aubreyMUA wrote:
Well he is not commercial and I am getting a business Tax thing with the courts so I can start a business. But my friend says me and the models should get a copy of all photo's taken. Bc I am running there Mayham sites. So what should I do?

Run before they find you.

Nov 06 06 01:23 am Link

Photographer

R Michael Walker

Posts: 11987

Costa Mesa, California, US

aubreyMUA wrote:
Well he is not commercial and I am getting a business Tax thing with the courts so I can start a business. But my friend says me and the models should get a copy of all photo's taken. Bc I am running there Mayham sites. So what should I do?

PS MM doesn't allow managers or agents to have profiles right now so.....

Nov 06 06 01:23 am Link

Photographer

Arizona Shoots

Posts: 28822

Phoenix, Arizona, US

aubreyMUA wrote:
Well he is not commercial and I am getting a business Tax thing with the courts so I can start a business. But my friend says me and the models should get a copy of all photo's taken. Bc I am running there Mayham sites. So what should I do?

Ouch. Methinks your time on Model Mayhem will be short.

The tax thing is different. You might wanna check your states laws before you throw your hat into the ring as an agent. In many states acting as an agent and not being bonded is a jailable offense. Most states don't take this sort of thing very lightly.

I'm not trying to bash you or call you out. I'm just letting you know that you better know your laws before you declare yourself an agent.

Nov 06 06 01:24 am Link

Model

MelissaLynnette LaDiva

Posts: 50816

Leawood, Kansas, US

aubreyMUA wrote:
Well he is not commercial and I am getting a business Tax thing with the courts so I can start a business. But my friend says me and the models should get a copy of all photo's taken. Bc I am running there Mayham sites. So what should I do?

Oh wow.  Unless your "friend"(re: sluggo) actually operates a manager or agent business of his own, his opinion means nothing.  And how hard is it for these chicks to run their own MM profiles and direct any job offers to you?

Nov 06 06 01:24 am Link

Makeup Artist

aubreyMUA

Posts: 12

New Braunfels, Texas, US

Mike Walker wrote:

Bonded in CA too. But you can be a "manager" without those requirements I believe. You'd have to do the checking like in any business.
Mike

Mike but My contract is with the Models and they want all there photos. Does this make since?

Nov 06 06 01:24 am Link

Photographer

R Michael Walker

Posts: 11987

Costa Mesa, California, US

aubreyMUA wrote:
The photo's are his and hers. So she has a right to ask for them all and I do too. Right?

NOPE..not unless you had a signed contract. ALL rights go to the creator. IE the photographer
Mike

Nov 06 06 01:24 am Link

Model

MelissaLynnette LaDiva

Posts: 50816

Leawood, Kansas, US

aubreyMUA wrote:
The photo's are his and hers. So she has a right to ask for them all and I do too. Right?

Edit:  Mike beat me to it.

Nov 06 06 01:25 am Link

Photographer

R Michael Walker

Posts: 11987

Costa Mesa, California, US

aubreyMUA wrote:
Mike but My contract is with the Models and they want all there photos. Does this make since?

Again..nope! The photographer keeps everything and gives what was agreed on before the shoot IF he/she is an honest person. But the photographer created it and therefore owns it. And even if you get an iamge there is no contract to say you can use it commercially.
Mike

Nov 06 06 01:26 am Link

Makeup Artist

aubreyMUA

Posts: 12

New Braunfels, Texas, US

Melissa Lynnette wrote:

Oh wow.  Unless your "friend"(re: sluggo) actually operates a manager or agent business of his own, his opinion means nothing.  And how hard is it for these chicks to run their own MM profiles and direct any job offers to you?

Melissa Most of them want me to run it. And they want the Photo's ASAP. He says he will give the good ones but I think they want them all.

Nov 06 06 01:26 am Link

Photographer

Arizona Shoots

Posts: 28822

Phoenix, Arizona, US

Mike Walker wrote:
Bonded in CA too. But you can be a "manager" without those requirements I believe. You'd have to do the checking like in any business.
Mike

Where is the line drawn? I've always understood it to be that if you collect a fee from booking shoots (ie a percentage) then you're an agent. If the model "tips" you for jobs she gets then you're a manager. Correct?

Nov 06 06 01:27 am Link

Photographer

j-shooter

Posts: 1912

San Francisco, California, US

aubreyMUA wrote:
I am a Model agent trying to start my own business. I have 5 girls right now.  I also am there makeup artist. If I were to put it in there contract how would I write that?

If you are going to talk "contracts", spelling and grammar are very important. A personal English tutor might help with some of the writing part.

Nov 06 06 01:28 am Link

Makeup Artist

aubreyMUA

Posts: 12

New Braunfels, Texas, US

Mike Walker wrote:

Again..nope! The photographer keeps everything and gives waht was agreed on before the shoot IF he/she is an honest person. But the photographer created it and therefore owns it. And even if you get an iamge there is no contract to say you can use it commercially.
Mike

Ok thats fine but my contract says they are entitled to all the photos taken of them. Thats how it was written and how it will be. I am the agent

Nov 06 06 01:28 am Link

Makeup Artist

aubreyMUA

Posts: 12

New Braunfels, Texas, US

John Jebbia wrote:

Where is the line drawn? I've always understood it to be that if you collect a fee from booking shoots (ie a percentage) then you're an agent. If the model "tips" you for jobs she gets then you're a manager. Correct?

Do you have a E-Mail address so i can send you my contract?

Nov 06 06 01:29 am Link

Photographer

Arizona Shoots

Posts: 28822

Phoenix, Arizona, US

aubreyMUA wrote:
Ok thats fine but my contract says they are entitled to all the photos taken of them. Thats how it was written and how it will be. I am the agent

That's fine, but with the earlier revelation I think come morning you will probably no longer have a Model Mayhem account.

Nov 06 06 01:29 am Link

Photographer

R Michael Walker

Posts: 11987

Costa Mesa, California, US

John Jebbia wrote:

Where is the line drawn? I've always understood it to be that if you collect a fee from booking shoots (ie a percentage) then you're an agent. If the model "tips" you for jobs she gets then you're a manager. Correct?

I USED to know all this as I shot for 10 different "Agents" but that was years ago. It is defiend by your business licence, your contract and the likes. Managers were also not limited to the small % an agent can take as i remember.
Mike

Nov 06 06 01:30 am Link

Photographer

Mikel Featherston

Posts: 11103

San Diego, California, US

John Jebbia wrote:

That's fine, but with the earlier revelation I think come morning you will probably no longer have a Model Mayhem account.

If it takes them that long to respond.

Nov 06 06 01:31 am Link

Photographer

Arizona Shoots

Posts: 28822

Phoenix, Arizona, US

aubreyMUA wrote:
Do you have a E-Mail address so i can send you my contract?

Forget the contract for a second. Are you licensed and bonded in Texas? Did you put up a significant bond somewhere in the neighborhood of $10,000 or not?

Nov 06 06 01:31 am Link

Photographer

R Michael Walker

Posts: 11987

Costa Mesa, California, US

aubreyMUA wrote:
Ok thats fine but my contract says they are entitled to all the photos taken of them. Thats how it was written and how it will be. I am the agent

Well not leagally YET. And that has nothing to do with the person taking the images. If I shot for you and we had no "work for Hire' agreement in place you'd get a CD of loRes images and then a few finished images limited in use to model self promotional use.
Mike

Nov 06 06 01:32 am Link

Makeup Artist

aubreyMUA

Posts: 12

New Braunfels, Texas, US

My account is as a MUA not a agent. I am running there MM sites only.

Nov 06 06 01:33 am Link

Model

MelissaLynnette LaDiva

Posts: 50816

Leawood, Kansas, US

aubreyMUA wrote:

Melissa Most of them want me to run it. And they want the Photo's ASAP. He says he will give the good ones but I think they want them all.

Aubrey.  You have yet to answer the question of whether or not you have paid for these images, whether or not the photographer signed any contract or if you've actually done your research on this business venture.

Nov 06 06 01:34 am Link

Photographer

R Michael Walker

Posts: 11987

Costa Mesa, California, US

aubreyMUA wrote:
My account is as a MUA not a agent. I am running there MM sites only.

Still violates MM rules so I'd stop announcing it. You act  as an agent MM says bye Bye to you.
Mike

Nov 06 06 01:34 am Link

Makeup Artist

aubreyMUA

Posts: 12

New Braunfels, Texas, US

It costs in the state of Texas $14 to be Tax Bonded. So basically I can do this after I get a group started Modeling

Nov 06 06 01:35 am Link

Photographer

Mikel Featherston

Posts: 11103

San Diego, California, US

aubreyMUA wrote:
My account is as a MUA not a agent.

That ceased to be true the moment you created this thread and told the world you were their agent. Oh, notice the spelling of the word 'their'.

Nov 06 06 01:35 am Link

Photographer

Arizona Shoots

Posts: 28822

Phoenix, Arizona, US

aubreyMUA wrote:
My account is as a MUA not a agent. I am running there MM sites only.

You better know these laws like the back of your hand:

http://www.license.state.tx.us/talent/talaw.htm

Nov 06 06 01:35 am Link

Makeup Artist

aubreyMUA

Posts: 12

New Braunfels, Texas, US

My friend has a PC repair company and has been helping me and told me what to do and what not to do And in my contract no one can put up stuff until the model inspects it and he has done that already. Is he allowed?

Nov 06 06 01:37 am Link

Photographer

Arizona Shoots

Posts: 28822

Phoenix, Arizona, US

3. How much is the registration?

The certificate of registration filing fee is $100.00 and the certificate of registration fee is $300.00 for a total to be submitted with the registration application of $400.00.

And it must be renewed anually

Nov 06 06 01:37 am Link

Photographer

Mikel Featherston

Posts: 11103

San Diego, California, US

John Jebbia wrote:
3. How much is the registration?

The certificate of registration filing fee is $100.00 and the certificate of registration fee is $300.00 for a total to be submitted with the registration application of $400.00.

And it must be renewed anually

John... you are not talking the same language as this girl.

Nov 06 06 01:38 am Link

Photographer

Arizona Shoots

Posts: 28822

Phoenix, Arizona, US

This is the law in Texas:

6. What is the surety bond for?

The surety bond protects the consumer against fraud and misrepresentation.

7. How do I get a surety bond?

First contact your insurance agent. They should be able to contact a bonding company and write it for you. If they cannot refer you, check in the phone book under "bonding companies".

8. What is the required amount of the surety bond?

The surety bond must be in the amount of $10,000 and payable to the State.

9. Is there another method of security that can be used?

Yes, the owner may deposit a cash performance alternative of $10,000 in lieu of the bond. It shall be an irrevocable assignment of security issued by a national or state bank. Each assignment or cash deposit shall remain in effect for a period of three years, beginning with the date of issuance of the certificate of registration.

Nov 06 06 01:38 am Link