Who owns your photos? What you should know about copyright.

Unless a contract has been signed stating otherwise, the federal Copyright Act states that the photographer owns the copyrights in the photographs and thus controls how they may be used.

Copyright law is slanted in favor of the creator. The copyrights of photos are given to the photographer, not the model.

The exception is if the model (or client) pays the photographer for his services, and prior to shooting gets a contract signed by the photographer stating that the work will be a “work for hire”.

However, this prior designation of an independent contractor’s work as a “work for hire” can only be done when the work falls into one of the following nine categories: (1) contributions to a collective work; (2) parts of a motion picture or other audio visual work; (3) translations; (4) supplementary works; (5) compilations; (6) instructional texts; (7) tests; (8) answer material for a test; or (9) atlases. If you are paying a photographer for his services and wish to receive the copyright of the photos taken, be sure to get them to sign a copyright transfer release (your responsibility).

The ownership between the photographer and a client should be clearly stated and agreed upon in writing by both parties as the first item in the contract. It may be difficult to find photographers who will do this without significant compensation.

With that said, even when a photographer owns the copyright of a photo they cannot publish or sell a model’s photo without a signed model release. Nor can a model publish photographs without a signed publication release from the photographer (even if the model paid for the images).

Photographs taken at public events are considered newsworthy, and in most instances do not require a release.

Photos taken of public people such as the President or a celebrity do not require a signed model release because they are considered “public people”.

Model Releases

A model release is a written agreement between the model and the photographer where the model has granted the photographer permission to use the photographs commercially and/or for self-promotion. Model releases generally permit the use of the image(s) for all purposes, with exceptions for controversial, sensitive or defamatory uses.

You should discuss the photographer’s model release prior to your shoot — and if possible, view a copy so you will know exactly what you will be signing. If you don’t agree with any parts of the contract, discuss modifying the contract.

What models should know about modeling agencies.

Modeling agencies help represent and “sell” models to potential clients. You are essentially a “product” that the agency has the responsibility to sell by connecting you with paying jobs.

Signing with an agency can be beneficial to your career. Not only does signing with an agency help you appear more legitimate as a model, it will also provide opportunities that might not otherwise become available to you. Many agencies are provided with access to national casting calls, etc. that do not exist anywhere else.

When an agency finds you work, it is generally at a cost of a 10 and 25{dcffd43726133daeb6db98a6264148e9655107ea582a8464768083791b383b96} commission of whatever the client is willing to pay you for a job.

It helps to keep in mind that not all modeling agencies are equal. There are well-known established agencies and there are small independent startups run by “Jane Smith” and her niece.

With regard to commissions, while they can encourage agencies to find you more and higher paying jobs, this relationship can also pose a bit of a problem.

This problem becomes apparent when some agencies may turn down paid work for you if it doesn’t make them enough money. A photographer may desire to work with you and offer $50 an hour to do so. In return, an agency may demand $200 an hour from the photographer for your time.

The motivation here is money, and not your career. And if the photographer, reputable or not, does not offer enough money, he may get turned down simply because it doesn’t make the agency enough money (even if the shoot (and the paid work) would be of interest to you). Your best interest is typically only in an agency’s best interest as long as they see a way to profit from you.

Clients that are willing to pay top dollar for models are generally seeking top quality and experienced models. Therefore, if you are just starting out with an agency and your agency consistently demands top dollar for your services, they may be doing you more harm than good.

Beware of agencies that are over-eager to sign you. While there are some good agencies and some not-so-good agencies in existence, it is important to keep in mind that they all tend to work based on that one simple need, to make money. If an agency sees potential to make money off of you (or from you), they will sign you. And while signing with an agency may sound like a favorable proposition, this is not always the case.

As a general rule, it is a good idea to avoid any agencies that also have a “school” attached to them. What these agencies will do is convince you that if you take the classes they provide (at your own expense), you will much more likely realize your full potential as a model. These classes, however, are generally a waste of time and will not offer anything over getting actual real-world experience by working with real-life photographers. As I mention above, the main way an agency makes money is by finding you work. If they need to supplement their income by requiring you pay for “extras”, then it is not very likely they are finding many models work.

What is key when you are signing with an agency is that you are completely aware of exactly what type of commitment you are making when you sign the dotted line. If an agency feels they will make money from you, it is entirely possible for them to sign you and make money from you without ever providing you with any work. Just the fact that you are signed with them creates an impression upon others. Obviously the more people they sign, the more “reputable” and “legitimate” they appear. This creates “credibility” that, in turn, increases their audience. An agency can generally survive off of the professional work of a very few successful models who they actively promote.

When working with an agency, never sign an exclusive agreement unless they can guarantee you a set amount for the duration of the contract. Otherwise, you may be bound to a contract that will not allow you to accept paying work outside of the agency you work with. And If that agency is not finding you work, you’re screwed.

Unfortunately, it can often be very difficult to determine a good agency from a bad one. Both will often tell you the same things and make you promises about finding you work, providing for your needs, and planning for your future. The difference is, some agencies will fulfill their promises and others will not. And when they don’t, it is at your expense.

It is in your best interest to ask a lot of questions. Find out how an agency plans to promote you. Find out how models at your level of expertise are treated. Find out what they realistically expect from your partnership. Find out if your agency will allow you to do TFP with other photographers. Whatever you do, make sure you do your homework and never sign anything without being confident that you are doing the right thing.

What can you expect after your photo shoot?

Discuss with your photographer what you can expect after your photo shoot.

  • How will you be receiving your photos? (On a CD/DVD, as a download, etc)
  • Will you be receiving all proofs from your shoot or just a selection the photographer provides you?
  • How long can you expect to wait before you receive your proofs?
  • Will the photographer be able to provide you with any samples from your shoot quickly?

What models should know about contracts and model releases

Get a model release for all the work that you do.

A release is a legally binding contract between you and the photographer. A release will indicate in legal terms such things as how much a model will be paid, where photographs may be used and under what limitations.

It is extremely important that you read all releases (contracts) carefully. And if there is something you don’t understand, get it clarified. It is best to see all released ahead of shooting. This way you are not surprised by anything you may encounter.

Whether you are doing TFP or shooting for pay, establish exact terms of compensation prior to shooting and get it in writing. Terms may include the reception of CDs & prints to exactly dollar amount.

It is important to do this prior to shooting, so that avoid any “confusion” after a shoot when a photographer tells you, “I meant $50 for the whole shoot, not $50 an hour”. Sometimes situations like this are the result of genuine miscommunication. However, there may be other times where they are not. If doing TFP, it assures you that the photographer is legally bound to provide you with the contents of the shoot and within a specific time frame.

Establish your limitations prior to shooting (especially if you are doing any kind of nude work). Getting a photographer to agree to and sign a document stating how the photos from your shoot may be used will protect you from possible conflicts of interest. Also, discussing these limitations, and getting a signed agreement before-hand, should help constrain a photoshoot to these terms during shooting.

When doing a paid shoot, do not sign a release until you are paid.