Rights of Various Participants in a Photo-shoot...Part Two:

The Photographer´s Rights

In most cases, (including when a shoot is commissioned by a client), the photographer retains copyright in any and all photographs taken at the shoot.

He then licenses (limited and lawful) usage of those photographs to the client, or to other users, and potential markets, and usually, but not always, licenses a limited usage to the model to allow him/her to promote themself on the internet and within  a printed portfolio.

Model with Assistant/MUA/All in One

 

 

Photographer´s Assistant

Many models, actors, and photographers are keen at times to act as a photographer´s assistant, and it is a great experience to see a shoot, and learn from both sides of the camera. I regularly ask models, especially those interested in photography to assist me on shoots with beginner models.

Several models have asked what does an assistant do? (apparently very little!)

Apart form the stock answer ¨there is always a reflector to hold¨ they are actually very valuable:

• they do wonders for putting an inexperienced model at ease,
• they liaise easily between a male photographer and a female model where a new working relationship may be a little tense at first...(believe me it is on both sides)
• they also keep inquisitive onlookers at bay,
• they keep valuable photographic equipment secure while the photographer is concentrating elsewhere,
• they attend to makeup, hair and clothing, and any problems which arise.

But of most value to them: they learn, and learn quickly by observing, helping and doing.

Assistant’s  rights: besides respect and value for a job well done, they are also encouraged (by me, as well as  many other professionals) to take some of their own photographs during a shoot, when time permits...to which they do own the copyright, although if the shoot is for a client they are under the same limitations of usage as the photographer.

However it is advised that they get the photographer´s permission to sell or license any of the photos they do take, before they do so.

 

 

Second Shooter

A second shooter is often required on big shoots such as a large wedding, or an event where the main photographer simply cannot be in two or more places at once.

I have been told of photographers being asked to be second shooter on model shoots and similar, but I can not fathom why one would ever be needed.
( I do however have a suspicion as to why, namely the photographer thinks the second shooter will have ideas better than his own, or will take better shots than he himself is capable of...the reason for this will be become obvious in the next paragraph)

The second shooter has no rights to ownership of any of the pictures he/she takes on a shoot...they are actually contracted to the #1 photographer (unless working under other previously agreed arrangements) who owns copyright of all the shots taken whether or not he pressed the shutter button, or owns the camera equipment used.

And because most shoots which are big enough to require a second shooter are usually commissioned by a client, there will be little or no credit or portfolio use offered as well.

However more agreeable second shooter terms can be negotiated with certain photographers on certain projects...one possible scenario is when one shoots stills while the other shoots video, an arrangement I often work under.

 

Makeup Artist

Very few rights: they own no rights to the photograph at all as expected, and just as a model allows usage of their likeness, a makeup artist allows usage of their makeup design, which in most cases is fairly standard and therefore not original or copyrightable.

They may or may not be offered photos for their portfolio and self - promotion.

The Make up artist’s more elaborate original designs: often seen in photographs these days (but incidentally these photos which have little saleability), is technically subject to copyright, but in practice they have given permission for their design to be used.

Similarly an original design of a tattoo may be copyright (in some cases) to the tattoo artist, but they cannot stop people from looking at it, or photographing it once it is on someone´s body, or in the public domain.

 

The Stylist

This category is only included for the sake of completeness as the vast majority of us will never come across a stylist in our day to day photography.

As an important member of high end commercial photography teams, the stylist is responsible for strict adherence, and even improvement upon the shooting brief, and for making certain that the client’s product is seen in the “best light”, and therefore have the  right of input into all aspects of the shoot to ensure that happens.

At the opposite end of the photographic spectrum it is apparently the rising trend to have at least one “stylist”, and sometimes several: hair stylist, set stylist, furniture stylist, clothing stylist, shoe stylist…well the more the merrier.

As to their actual function?  Well who really cares as long as everyone is having “fun”?

 

 

Model´s  companion

(includes stage mum, chaperone, boyfriend, minder)
No rights whatsoever, except to keep their charge safe, and out of harm´s way.

Can be ejected if distracting the model or the photographer or interfering in any way with the shoot

However it is usually a very good idea to have a mum around when:

• the model is young and inexperienced
• is under 18
• it is the first meeting between an unknown model and photographer
• the shoot is being run by an amateur

Young, same age as the model girlfriends are not a good idea
...boyfriends, however, are never much more than a distraction to everybody involved.

 

NB: Professional shoots

In some cases, including on my shoots, especially when a model is young and/or inexperienced, a mother of family member is welcomed on set, (as long as they are not tempted to interfere with what is essentially a job of work - and there is always a reflector to hold)  but in the majority of professional shoots with most professional photographers a minder of any sort is completely banned, and totally unnecessary. (let´s face it:  do young people take their mum or boyfriend to their job behind the McDonalds counter?)

The last remaining question:

What if, as so often happens in the internet modelling arena, a model, a makeup artist, or even a stylist, organises or facilitates (commissions?) the shoot and merely enlists the photographer to press the shutter button?

Is the model, the makeup artist, or the stylist entitled to copyrights of any kind over the resulting photographs?

Afraid not! This is technically a commissioned shoot, and as with all normal client commissioned shoots the photographer owns the copyright to the photographs, unless the photographer has signed a contract with the client, or is willing to sign over his copyrights to the client in writing.

This is one of the reasons so many internet modelling arrangements instigated by models or makeup artists attract only amateurs or very inexperienced, non-savvy photographers, as no professional photographer would ever agree to signing over copyrights without receiving a very large payment.

This last entry pertains strictly to Australian Copyright Laws and may differ in other countries.

None of the above is not meant and should not be taken as legal advice … it is information gleaned from many years experience as a practicing photographer.

For further information refer to: Australian Copyright Council website: www.copyright.org.au

P.S.: you will appreciate that I refrained from saying “I am not a lawyer, nor do I play one on TV “ which no doubt would have sent you all in to hysterical fits of uncontrollable laughter…or so it would seem from the number of times I have seen this phrase posted ad nausea over the past fifteen years, by legions of “internet experts” who do not want to assume any responsibility for anything they say on innumerable forums.

©Copyright: Stephen Bennett, MMXIV

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