Recently, I made a rather unusual, bone-headed mistake: For the first time since I started shooting with models, I neglected to get a model release from a model who approached me for collaboration. At the time I thought, “she’s cool, I can always get it signed later.” My lesson is that later sometimes doesn’t come.
This girl considered herself much more of an artist than a model. And I must agree with her there; she was much better at conjuring creative ideas than she was at modeling for those ideas. [Edit: This is not a personal attack. It is merely a paraphrase of her own statements, and intended as an example of her thoughts about modeling.] But it is this viewpoint, coupled with some obvious naiveté about ownership of intellectual property on her part, that caused the rift which eliminated my opportunity to use my images due to lack of a release.
First, I must make a few things clear. I do not wish any ill will toward this girl even though she has unreasonable expectations and has chosen to take the low road with threats and name calling. In fact, I sympathize with her because she has apparently had her expectations met in the past by other photographers – photographers who apparently did not know or care about their rights of ownership. Her assumptions were understandable in light of this trend, regardless of how unrealistic they were.
What were her expectations, exactly? Put briefly, she assumed she owned the rights to the raw, unedited images shot during our collaborative efforts. All but the professional photographer out there may wonder why she doesn’t own them, or why it even matters. The reason is simple: US Copyright Law and common practice say that the author of a photographic work is the person who squeezed the shutter, i.e. the photographer.
Specific contracts, such as employment by a photography service or studio, can modify this ownership. For instance, if Joe Blow is employed by Life Touch (a company that specializes in elementary school pictures), Joe will have agreed upon employment that Life Touch owns all images taken by Joe while “on the clock” or with their equipment, if supplied. The same goes with a photo assistant in a studio, except that the studio owners may allow restricted use of the images the assistant takes in their personal portfolio. Bear in mind that both of these special situations were prefaced with an explicitly worded written contract.
What about compensation, you ask? What did she get as part of the collaboration? What any other model would expect, naturally. Virtually all models who approach me are requesting (or assuming, since it is what I offer models who contact me or vice versa through certain channels) that our work together will be TFCD (Trade For CD) or TFT (Trade For Time). That means that no money changes hands, but that the model will receive a CD of images from the shoot. It’s a method that helps both parties contribute to their portfolios and keep them fresh. It’s also a great way to find people that are creative and fun to work with. When no money or other means of compensation are discussed, TFT is the default working relationship.
Because we never discussed any other arrangements, my work with this model falls under the TFT umbrella. As such, I provided her with copies of the images on CD. As an extra bonus to my TFT models, I often give high resolution copies of some of those images – this is a practice many other photographers do not follow with TFT work. All images I provide, however, are always “finished products,” meaning they have been edited by me and display my logo prominently. I have never and will never provide unedited photographs, especially from a TFT shoot. This preserves my signature look as an artist. And, as I have no control over how a model provides credit for the photography, my logo on the image is my way to ensure some kind of recognition for my work.
The request for raw, unedited images is ludicrous, if not insulting. Professional photographers being paid hundreds of dollars for a single image do not provide raw files. Hundreds of thousands? Possibly. Certainly not for free, and certainly not without a strictly worded, limited-use and/or limited-time contract in place. Why? Because without the restrictions of a high price tag and a well-worded agreement, the photographer loses all control over his images. And although the courts have acknowledged that the photographer inherently owns an image, it is unbearably difficult to go back and sue to regain ownership once they have handed it over to someone else, let alone receive compensation for it’s use.
This young woman was provided more than adequate compensation for her contribution to our work together. Yet when she tried to hold the model release for ransom in exchange for the raw images, that is when I shifted into “strictly business” mode. I know my legal rights and hers, and I won’t be blackmailed into handing over property that is legally and rightfully mine. I simply removed those images from all of the sites I own; I technically cannot display them without a release, but I do not feel their loss in the slightest.
I honestly hope this girl learns about her rights and chooses to have a contract in hand next time she approaches a photographer about working together. Her unconventional desires regarding ownership of the images demands it. Better yet, she ought to invest in her own camera and do all the work herself, getting an assistant (also with a written agreement) if necessary.
What exactly have I learned from this experience?
- Never, under any circumstances, shoot without a model release signed first. This not only insures you have written permission from the model to display the images, but it tells the model exactly what her rights are regarding the images she will receive.
- Be cautious with models who also consider themselves artists. I have seen a small number of models who like to manipulate the images they receive. This is strictly forbidden in my standard model release, and if the model is such a person this provision of the release should be pointed out specifically before the model signs.
- Be open to alternative arrangements, but make sure these situations are thoroughly discussed beforehand. Negotiate your arrangement, making sure you preserve your rights of ownership in the process. I’m an easy-going guy, and if this particular model had expressed her wishes ahead of time we could have worked out something that was mutually agreeable.
Photography is my passion, my artistic outlet, and a true joy in my life. In a perfect world, this joy would never be marred by situations like this. However, we are all human and life is rarely fair. This situation is truly unfortunate, and it is never pleasant to have to hurt someone’s feelings or disappoint them. I wish this girl all the best, and hope she matures as an artist as well as a person.
Tags: controversy, model releases, model shoots, TFT
Yep…