Getting started - paperwork for complimentary sessions?

[curly]

Hi all,

I am planning to do some photography for family, friends, and acquaintances to build a portrait portfolio. I am not yet in the position to start charging people, so I am doing this strictly complimentary.

Do I need to have the people that I do session for fill out any paperwork, releases, etc still? I would like to post these images on a website. I also want to maintain the copyright for myself, but be able to give them the images on a CD, and request that they do not manipulate images.

What all do I need to put together prior to my first session?

 

[KmH]

Even if you are not charging you need a contract that includes a model release clause that is actionable in the state where you will eventually be doing business.
Model release law is state law, so there are 50 somewhat different versions. Copyright is federal law so there is just the one current version.
You need a use license (print release).
While copyright is automatic as soon as your photos are recorded on a memory card (tangible medium), your copyrights are only fully protected by registering them with the US Copyright Office.
Registering Your Copyrights Using the eCO System | NatureScapes.Net : The Resource for Nature Photographers
Help! I've Been Infringed! | Photo Attorney
Two Easy Steps for Using the DMCA Takedown Notice to Battle Copyright Infringement | NPPA

Your business legal documents should be reviewed for loopholes and other legal errors by a qualified attorney.

IMO, it is an oft repeated business killing mistake to shoot for free to build a portfolio.
People photographed for free will rarely continue using a photographer who later starts charging.
Each time the photographer raises prices substantially, the photographer winds up having to build an entirely new customer base.
It has been shown that making a new customer costs about 10x more than convincing a customer to use your business again.
I recommend charging, but offering a 'Portfolio Building Discount' that gets subtracted from the full price.

 

[curly]

Even if you are not charging you need a contract that includes a model release clause that is actionable in the state where you will eventually be doing business.
Model release law is state law, so there are 50 somewhat different versions. Copyright is federal law so there is just the one current version.
You need a use license (print release).
While copyright is automatic as soon as your photos are recorded on a memory card (tangible medium), your copyrights are only fully protected by registering them with the US Copyright Office.
Registering Your Copyrights Using the eCO System | NatureScapes.Net : The Resource for Nature Photographers
Help! I've Been Infringed! | Photo Attorney
Two Easy Steps for Using the DMCA Takedown Notice to Battle Copyright Infringement | NPPA

Your business legal documents should be reviewed for loopholes and other legal errors by a qualified attorney.

IMO, it is an oft repeated business killing mistake to shoot for free to build a portfolio.
People photographed for free will rarely continue using a photographer who later starts charging.
Each time the photographer raises prices substantially, the photographer winds up having to build an entirely new customer base.
It has been shown that making a new customer costs about 10x more than convincing a customer to use your business again.
I recommend charging, but offering a 'Portfolio Building Discount' that gets subtracted from the full price.

Thanks for the info Keith.

Is there a recommended source for photography contract templates that I could use as a model when developing my own release and use license forms that I can then send to my lawyer to review?

 

[KmH]

The recommended source for your contract is your attorney.
Contract, model, and property release law vary by state.

For retail photography the model/property release and use license would be in the contract.
For commercial use the use license is often custom written to meet the needs of the client.

For commercial use licenses - PLUS License Generator

For retail clients your use license (print release) clause in your contract would look something like this:

Print Release - Use License

All these images are copyrighted © 2015 {name or studio here}, All Rights Reserved.
This Use License shall be governed by the laws of the State of _________.
I, [name or studio here], as copyright owner of these images, grant a lifetime, personal, non-commercial use license to ____________________ and their immediate family to print, or have printed, reproductions of these images (no larger than (whatever size, if any)) for display in their home and workplace only.

Online Use

{name or studio here} has provided web sized and watermarked images for exclusive use on social networking web sites that are not owned by ____________________ and their immediate family. No other online use is granted. Removal of the watermark from these web sized images, or any other violation of any of the other terms, will constitute a breach of this entire Print Release – Use License, rendering it null and void in its entirety.

Copyright Information

Please remember that because these images are protected by Federal Copyright laws they may not be altered, copied, transmitted, or used in any way not stipulated above without prior written consent of the copyright owner, {name or studio here}.
These images may not be entered in any photography or other competition or contest without the expressed written consent of [name or studio here].
Commercial use of the images is prohibited.
No waiver by either party of any of the terms or conditions of this license shall be deemed or construed to be a waiver of such term or condition for the future, or of any subsequent breach thereof.
Waivers are only applicable when they are written. There will be no verbal waivers to this agreement.

The Photographer {name or studio here} hereby warrants that he (or she) is the sole creator of these images and owns all rights granted by law.

[Name or studio here]
Address:
City, State:
Phone:
Email:
Authorized Signature:

 

[KmH]

Notes about the model release:

You have to make the model release optional, but you also need to let your clients know that you are shooting with the expectation that you will be allowed to use their likeness (agreeing to the terms in the model release clause of the contract) to promote yourself and/or advertise your business. Promoting yourself may include using photos of your clients as stock photography images other businesses use for advertising.

My contract noted that clients that agreed to my model release got a discounted price for that agreement.
Clients not wanting me to use their likeness (not agreeing to the terms of the model release) forfeited the discount since they were not allowing me to use their likeness to promote myself or advertise my business.

By the way;
In the use license where it says - All Rights Reserved - that is about worldwide rights (international copyright). For info about international copyright see the Berne Convention .

 

[vintagesnaps]

I'd suggest getting information from professional photographers' organizations like PPA or American Society of Media Photographers.

On the ASMP main page you'll see Business Resources in the left column with tutorials and sample forms etc., and there's a book/CD by Tad Crawford with sample forms I found thru their site (samples that you may want to adapt to your own use or have reviewed).

There's info on their site about copyright, releases, etc. (all the fun stuff!). I think it's good you're getting informed starting out.

 

[Forkie]

I currently do not have a lawyer or official contract that I get models to sign for TFP shoots.

If I am doing a TFP shoot, once it is arranged but before it starts, I send them an email telling them what I expect to happen on the day and, as the automatic copyright holder of the images, what they can and cannot do with the images. I also explain to them what I will and will not do with the images (since there are rules about what I can and cannot do with an image of their likeness, too).

That way, if either of us does something with the images that we have not agreed with each other, we have in writing what we agreed, to settle any disputes. It is probably not legally enforceable, but serves as a "gentlemen's agreement" that we both agree to abide by.

It works pretty well for now, until I can get a lawyer to draw up/check out an officially legally enforceable contract. There are already copyright laws for both parties that legally protect you in the event someone attempts to sell or pass off your images as their own, but until you have someone legally qualified to enact a contract, the gentlemen's agreement serves as a good interim solution.

 

[KmH]

The legal landscape in the UK is somewhat different from the legal landscape in the USA.

However, the e-mail you send is a contract that would be substantially legally enforceable here or in the UK.

 

[Forkie]

The legal landscape in the UK is somewhat different from the legal landscape in the USA.

However, the e-mail you send is a contract that would be substantially legally enforceable here or in the UK.

Well, there we are. That's good to know.