Part One: The Model´s Rights
Traditionally a photo-shoot involves two people: the model and the photographer.
Other people are sometimes involved to complete various work necessary to making the shoot a success, the tendency being the more commercial the shoot, the more people involved.
Therefore what rights do these various people on a photo-shoot have, both during the actual shoot, and in the results of that particular shoot.
Also as many models, actors and photographers, makeup artists and really just about anyone, are often keen to get involved in many different roles within their industry, and therefore learn by actually doing, I offer the following summary of their ¨rights¨:
The Model/Actor
The model only has one right available to him/her to exercise; the right to the use of their ¨likeness¨.
They give the photographer permission to use their likeness for any lawful purpose, by merely standing in front of the camera, and allowing photographs to be taken, or by applying/attending to a photo call.
If it is a commercial shoot, or it is envisaged that the resulting pictures may be used for commercial purposes in the future, the model is asked to formalise this permission by signing a written ¨model release¨.
Shoots are often explained to a model verbally prior to a shoot, or at an audition, or in written form in a casting call. These conditions should be understood completely, considered carefully , and the requirements followed. Always ask if anything is in doubt or has not been explained adequately to your satisfaction.
Some shoot conditions often require nudity: and the model should always retain the right to the degree of nudity she is willing to allow.
It is always a good idea to state somewhere in writing, what you are prepared to do, and I (and most other professional photographers) have a question in my model information form which asks if a model is prepared to pose in swimwear, lingerie, topless or nude,
When these questions are asked, make sure that you answer definitely with ¨yes¨ or ¨no¨: if you wish to consider based on your future interaction with the photographer, state clearly that you will decide later, and make certain that you ask to amend the form at a later date.
If later, or during a shoot a photographer tries to ¨convince¨ a model to go past what she has stated is her limit, he is actually violating your right to your likeness.
If however you take part in a shoot which has stipulated beforehand that a degree of nudity is required, you have no right to decline when it is asked for.
Technically also, and this applies to most professional photographers, and most shoots, models do not have the right to review, or veto the use of any of the shots taken during the shoot.
Most photographers will allow or license a selection of the shots to the model for use in his/her portfolio, and for self promotion, although technically this is not required.
If the photographer is shooting for a specific client, that client may not allow the model any photographs at all.
Disturbingly to both professional photographers and models two trends have emerged recently:
- Photographers, mainly amateurs, but also those who should know better, have been offering, or promising ¨rights¨ to models that they are not in a position to offer, and that models are not entitled to. This is almost always under the guise of ¨considering the model´s welfare¨, but in reality is confusing to new models, as they go on to demand these ¨rights¨ when dealing with professionals, and as a result are quickly shown the door.
- Some models have landed themselves in very expensive trouble by selling prints of themselves which are copyright to others, or leasing their photographs to magazines, and thus breaching the copyright (and damaging the potential income, livelihood, and reputation) of the photographer who generally owns the copyright to all the photos taken during a shoot...one well known stable of magazines actually encourages this practice thus adding confusion to what is a clear cut case of copyright ownership.
Models do not own any copyright in photographs they appear in: and although there has been a great deal of waffle (especially on internet forums) about joint copyright, a professional photographer would rarely if ever consider such a logistical nightmare.
©Copyright: Stephen Bennett, MMXIV
Remember, that all photographs accompanying this blog are Copyright (All Rights Reserved) and may not be used for any purpose whatsoever without written permission from the photographer.
Interesting Links:
My Photography Webpage
Facebook page for Professional Photographers and Models
The Definite Article Photography and Video on Facebook
My Pond 5 Page
The Definite Article at Publicise Me
