I would appreciate some help

Discussion in 'Beyond the Basics' started by shmne, Aug 12, 2009.

  1. shmne

    shmne No longer a newbie, moving up!

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    Since my test shoot a couple of weeks ago, the employer Elaina Inc. decided to hire me.

    The idea of the company is low cost cards for models, they only end up paying $400 for about 4-8 hours of pre-pro, make up, hair, and a photo shoot. I've seen the past works, and it seems very legit to me. (I say company, but honestly it is one lady running it.)

    We are still discussing terms for the contract but basically this is the idea.
    She will be getting the right to use my photos in comps, and portfolios for the models that hire her as she deems fit. She does not own the rights to the photos. If she wants to use it for any advertising she will ask me before using it, and if I feel it is needed we will arrange a price for her to buy the photo from me.

    The 3 main photos will require me to put in 1 hour of PP, so nothing heavy duty. (Obv I can go over when I feel it is needed)

    I'll be making $150 a model, and in a normal day we'll have about 5 models in 2-4 hours (Most likely the lesser, we take a decent amount of time to plan out the shots so there isn't much shoot time)

    There is a non-compete section, but it is strictly for clients she has gotten me directly. Any designers that hire her, or any models. If they need me for a service she does not provide, it is fair game. (More advanced PP work, lay out design, pretty much any design for advertising)

    Clothing designers are a completely new wage, which is all dependent on the scale of the job. Generally they will be a minimum of an 8 hour day.

    On top of the ~$300 an hour I receive a nice print copy of the model's send ahead card to toss in my portfolio.

    Honestly this sounds more then worth it to me, I'm getting paid for experience, paid to learn to direct models, lighting, taking directions from an art director.

    I almost feel as if it is too good to be true, on average it would be anywhere from $250-300 an hour (depending on the length of the shoot) but I mean...I'm getting paid to learn. The shots are going to be extremely commercial, very plain jane, but it still gives me some real world work to toss in my portfolio.

    So sorry for the long post! But the question I'm getting to is, if you were just starting would you consider this job worth it? I am going to take it, but I would like to see other's opinion on the matter :)
     
  2. PhotoXopher

    PhotoXopher TPF Noob!

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    So in 5 days that $3750 roughly?

    Congrats on the gig, sounds killer!
     
  3. bigtwinky

    bigtwinky No longer a newbie, moving up!

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    Sounds more like a working scenario than a learning scenario / mentor thing. If you are one to learn on his own, then great.

    Would it be worth it? Well, it depends what else you have lined up and you are comparing it to.

    If you currently have nothing else lined up to move on, then you are chosing between this and nothing. I think the choice is obvious.

    I'd go for it.
     
  4. KmH

    KmH Helping photographers learn to fish Supporting Member

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    The advertising use of your images is normally billed as a Use License.

    How many days a month do you antisipate you'll be doing this work?

    You could well run into problems with 'work for hire' issues. Be sure and have a qualified attorney check over the contract.
     
  5. shmne

    shmne No longer a newbie, moving up!

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    This is what I was hoping for :) Thank you.

    It would most likely be 2 or 3 days a month. Once she finishes writing the contract up I think I will send it to my brother, to have his attorney look it over for me.

    I learn best by doing, so I still consider it a great learning process!
    Just not as good as if I were shadowing someone =|

    I appreciate the help, especially you KmH
     
  6. df3photo

    df3photo TPF Noob!

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    heck yea, i would take that now... let me know if they need another photog....
    good deal!
     
  7. c.cloudwalker

    c.cloudwalker TPF Noob!

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    The work-for-hire thing is fairly straightforward. Are you hired as a contractor (1099) or as an employee (W-2)?

    If you are a contractor, it cannot be construed as work-for-hire. If you are hired as an employee, it is work-for-hire. In which case, they should provide you with the studio space and the equipment to do the job, unless noted otherwise in the job description.

    Definitely have a lawyer check the contract. Preferably a lawyer who understands intellectual property/copyright law. A family lawyer is not your best bet.
     
  8. shmne

    shmne No longer a newbie, moving up!

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    Once I get the contract I will have to figure that out, I believe I am being hired as a contractor though.

    Thank you for bringing that up about the lawyer also, I forget sometimes that it is more important in law to go to someone in the specific field rather then (I don't even know what that friend specializes in).

    Seriously I can't thank you guys enough xD even these basic things really slip my mind o.o

    I'm googling the differences with work-for-hire and contractor thing to better understand it
     
  9. KmH

    KmH Helping photographers learn to fish Supporting Member

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    www.copyright.gov No need to google. Go right to the expert source.
     
  10. c.cloudwalker

    c.cloudwalker TPF Noob!

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    If you're going to start dealing with contracts you may want to consider a membership in a pro organization. If all you got out of it was the name of a lawyer, it would be worth it.

    I will let others suggest which one(s) as it has been too long since I've worked commercially.
     
  11. JerryPH

    JerryPH No longer a newbie, moving up!

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    PPA for sure as a minimum!
     
  12. KmH

    KmH Helping photographers learn to fish Supporting Member

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    The is the American Society of Media Photographers (ASMP) also www.asmp.org

    I highly recommend their book Professional Business Practices in Photography too.

    www.ppa.com for the PPA.

    There are several others.
     

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