Did my first Event Photography; Takeaways and some Questions

[hfocal]

-Would you use a contract even if it's a TFP setup? And why?

No. Because it is un needed. Unless you get s photo of someone you think will be saleable then you should get the rights, from that individual.

Even if it's TFP, you need to have some sort of agreement in place. Any exchange of services has value under the law, and it's prudent to ensure that things are spelled out. As I alluded to above, I don't believe it's necessary to have a formal contract for such things, but some record of what you offer and the other party's acceptance is a good idea, even if only for something as simple as portfolio use, or how many pictures the talent is going to get. Do you really want some pi$$ed off model going on a facebook rant about what a bad photographer you are because she misunderstood what you said in regard to how many pictures she would get from the shoot?

How about in the case of say, it's the subject or model who has the idea / concept for the shoot, how will the copyright terms be ? Half the model's , half the photographer ?

I am currently in talks with someone who wants to start a fashion blog and I'm presented with concepts inspired by a couple of photographers. So in my mind, it's not like we can copy anything from those 2 photographers and I wouldn't want them in my portfolio if images end up being the same as those, but since the idea isn't mine... how would that go? The model also wants to use particular locations too. My guess is they have an idea what background to use, colors and stuff.

 

[vintagesnaps]

I don't think an idea can be copyrighted (or patented or trademarked). Copyright is for photographs, written work, etc. (A patent I think is for a product, and a trademark is for a design or logo.)

You would be licensing usage of your photos. In the US you automatically own the copyright to any photos you take, even if you don't register the copyright with the US Copyright office (which can enable photographers to better protect their work and pursue violations if ever necessary.)

You'll need to draw up a contract to specify usage (such as on the blogger's website/blog for one year, etc.). As a client the blogger may tell you what type photos she needs, with what type backgrounds, etc. or show you examples of the style she wants. It's up to the photographer to figure out how to provide what is contracted (without copying someone else's work as that could violate another photographer's copyright).

You'll need to look into getting model releases signed to use the models' images, for example in your portfolio. ASMP has an app and info. on releases and contracts.