A Model’s rights with the Photographer’s Images

Without going into to much detail about the apparent attitude of many “models”, since I already touched on that quite enough in my post about Time For Print/CD, I would like to discuss an issue that has been brought to my attention a number of times recently by other photographers – some of whom have been in this business far longer than I!

Many many photographers feel that they are starting to witness the destruction of the creative process altogether. With digital technology becoming more easily available and the general public having tools at their disposal to provide an easy means for image manipulation on the computer, many models have taken it upon themselves to “Fix”, as one photographer put it, their photographs to their liking.

I have even heard of models submitting a photograph as her own work of art under this reasoning:

[The Model] owned half of the copyright since she was there when the photo was taken and was the subject of the photo so it HAD to be a 50/50 collaboration. Then [The Model] altered the background and did some “artwork” to the photo which had to make it 100% her own.

It’s a very complacent disregard and disrespectful attitude that I’ve seen in other aspects of society in recent years, avoiding a sociopolitical rant, however, let me just state as fact that this is NOT how the system works.

When a model is given payment in the form of monies or trade product (such as prints, images, or such) – that makes the service they provided nothing more than a work for hire. In Title 17 Chapter 1 §101 of the Copyright Law a work made for hire is the ownership of the employer. That is, if a model could lay any claim to copyright at all. For all technical purposes, a model is nothing more than a tool for the photographer in composition, just as paint and canvas are tools for the painter, and the release the model signs simply gives permission to the photographer to use the model’s likeness (and other details depending on the agreement).

When a photographer releases a final print of any image, that image is to his liking. Everything from the retouching, the artwork he’s done (physically or digitally), the composition of the subject matter in the image, it is all part of the photographer’s creative process and we need to remember that the presentation of the photo is just as important as the image itself!

To quote directly from a personal journal of BillyD Photography:

The model has the right to not like the pose, not like the photo or not use the photo. During the photo shoot the model always has the last word and no is no. Once the photograph is taken, I believe they do not have the right to change the photograph to their liking. Especially if my name is on it as photographer. Butting their name on it, well, that’s just plain thievery.

And he’s right. No model has to use the final products they get from a photographer, I know many models who’ve hated the work they’ve gotten from a photographer and they’ve just pitched them and never worked with that photographer again. As for myself, I always make it a rule that I will not force a model to do something they don’t want to do, and, if they do something they aren’t sure about (say a nude pose) – if they aren’t satisfied with the outcome of the final product, then I simply dispose of the image and neither of us will use those images ever. I would not want a model to feel shameful for taking part in creating something with me, and I have wasted hundreds of yards of film, and probably thousands of digital images that have never been seen because either the model, myself, or both of us did not like the final product.

That said, it still does not give the model, or anyone for that matter, the right to take the images of some photographer and alter them to their liking. Doing so is not flattery – it’s thievery and it is illegal.

Thoughts on TFP/CD work – A reference for Models and Photographers

First for those that do not know TFP (time for prints)/TFCD (time for cd or images) is where a ‘model’ will pose in trade for some prints or images on a CD from the shoot. This is typically used with beginning models and beginning photographers to get experience and some images to help build a portfolio.

Well in general I no longer do TFP shoots. I’m here to make money, I do this for a living, and I have bills to pay. I spend a lot time editing images, and other tasks behind just taking photos. I’ve also invested a lot of money in equipment, props, and things. It can be rather aggravating when I am talking to a model, whether I approached her or she approached me, and the moment compensation comes up I get the “I don’t pay photographers, photographers PAY me!” attitude. To be fair, I find it equally annoying when I get the same attitude from photographers in regards to some of the models I manage. In all honesty, I look at it like this: who’s providing who with the service?

• If I am hired to do a shoot for a product and I bring a model in, I’ll pay them.
• If I’m booking a model to take photos for their portfolio, I’m spending my time and money on supplies (prints, portfolio books, etc) – I expect to be paid.
• If I have an art project or choose an exceptional model to expand on my portfolio I will offer TFP or TFCD, and if I have it in the budget I may even offer to pay.

In the business real models get paid for the use of their photographic likeness to sell a service or a product, and the photographer gets paid to take photographs of a model or product. That means the model, if she’s updating, expanding, or developing her portfolio usually pays a photographer to have it done with the most experienced photographers charging, and the emerging photographers willing to trade TFP or TFCD.

Now im not a total hard ass and do make exceptions. As I mentioned before mostly for artistic projects of mine or when the ‘model’ comes to me with a unique idea, unique look and/or shoot location. This usualy is in the areas of fetish, figure(nude), retro, pinup or other areas of intrest that I like to shoot for artistic purposes. This would be a colabortive effort between the ‘model’ and I to create some works of artistic merit.
I do not do TFP for general portrait or portfolio work, unless it meets requirements above. It never hurts to ask but be prepared for a no.

Also, I generally will not do TFP for a first shoot, only with those I have shot before. I hate seeing “I need to work on my portfoilo so I’m looking for some TFP.” If you want a good portfolio it is in your best interest to look around and find some great photographers and pay fo their services and get the best photos you can. As I said before, the photographers most willing to do TFP or TFCD are usually the less experienced, college students, hobbiests, and such. You may get some really great work from some of them as I did some great pieces for people in the beginning, but you’ll also get some general mistakes and average quality work – as I also did in the beginning.
When I do a TFP shoot, I will generally give the model a CD with 10 to 15 web quality images of the best shots after they’ve been enhanced and a discount on any prints. I do not give any digital artwork to the model, but after a piece has been completed, I will offer it to the model at a discount as well.

I never give out the high resolution originals, and a model release is always required. Also since this is not money making, all paid shoots will have priority so there can be a delay in image processing.

I don’t say this to sound like a prick, I just feel it best to get this out of the way to avoid problems in the future. I feel, and have been told, my rates are very reasonable. I’m always happy to work with my clients because I enjoy what I do, and you can ask anyone I have worked with I typically will go beyond what I agree to in the first place.

Advice and words of wisdom taken from some models & others who are in “The Biz”:

• It’s not necessarily what you are interested in getting from a shoot. You have to understand others motivations for even showing up.
• If it’s a TFP, it’s not only that they want you in their book, they also have to want what someone else is bringing to the table. And, this will be collaborative. This means, it’s not just about you. What does the photographer want/need? What does the makeup artist want/need? Fashion and hair too. You have to be willing to work with the team, not just shoot what you came there for.
• Getting what you need for your portfolio takes some thought on what you want to do, you want to be versitile, but you don’t want to be all over the place. It also takes good communication with your photographer.
• If you are willing to pay each team member, we’re talking a different ball game. You may very likely get stronger talent to work with you. And if you are paying, you would have much more control over the shoot, and you’d have a team much more motivated to care what they achieved for *you*.