Release question

bellarougedesign · Oct 21, 2010

Okay, before I get started let me confess first that I am a total "newb" to this forum. Secondly, I would like to say that as an artist and amateur photographer that I fully respect photographers rights.
Now - I have a sticky question.

I am a body painter. The only way to preserve my art form is through the use of photography. I often take my own images but recently I have begun work on a series of fine arts body paintings for a gallery exhibition of my work to open summer 2011. It is very important to me that information about the show and the images stay confidential until the opening night of the show. Also, it is important to me that the images not be sold. Generally speaking I would just take my own images, but I have the opportunity to work with some great friends (photographers) on this project and would love to extend them the opportunity to shoot the project for their own portfolio expansion (plus also, it allows me the opportunity to focus more on my work)

Basically, I am a little unclear on what my rights are as an artist/painter working with a photographer. Here are my basic needs:

1. Photographer and models to agree to keep all images confidential until after the shows opening (actually, the models wont even be provided images until after the shows opening - all of the models are aware of
this already.)
2. Photographer and models to agree not to sell the images in any capacity without my express written consent. Furthermore they agree that the images will only be used as portfolio pieces unless express written consent is given.
3. Photographer to agree to provide me the images, both edited and unedited (this just making the assumption that they will edit) in a reasonable amount of time after the shoot date to allow me to choose which image will be included in the show.
4. Photographer to agree to provide the model with the images of his/her (the photographer) choosing after the shows opening for their (the model) portfolio use.
5. The models and photographers agree to credit the artist (myself) where ever possible.

I know I am probably asking a lot here but if it isn't agreeable they can always say no! The models have already agreed to terms and are willing to sign releases to that effect, I am just not sure how to word the above for the photographers. I realize I need some kind of release from them agreeing to confidentiality, etc, but have never worked with such a thing.
Hoping you guys will give me some advice and direction...

Studio7Four · Oct 21, 2010

Welcome to the forum! Let me preface this by saying that I am not a lawyer (I don't even play one on TV), so take anything I write with a grain of salt.

It seems to me like you have a clear idea of what you're requiring, and frankly I don't think any of it is unreasonable. For practical purposes, look at this situation not as though you are the body painter (part of the creative team) but in that you are the client. It is, I believe, quite common for a client who hires a photographer to shoot for publication to write up a contract with similar conditions. What magazine wants their feature photo spread to appear for free online before the issue hits the newsstands?

As an FYI, you'll note that I wrote "contract" rather than "release". Generally in these circles, when one hears "release" it is assumed to be a model release. A model release is a document signed by the model which allows her/his image to be used for purposes specified in the document. I believe (again, not a lawyer, and I didn't stay at a Holiday Inn Express last night) that a model release is only truly applicable if a) the model can be identified, and b) the usage is commercial, so it may not be needed here. On the other hand, it doesn't hurt to have. I have every model I work with sign one even though it's only a TFCD shoot for our portfolios. If nothing else it makes sure we're on the same page and is useful for record keeping.

The other relevant document is a usage agreement signed by the photographer. Unless your contract with him/her states that the photographer is signing over the rights to you, technically you need his/her permission to use them in your show. Again, even though it's just TFCD, I provide a usage agreement (signed by me as the photographer) when I provide images to a model (or makeup artist, etc).

Strictly speaking, we're looking at three documents here:
*Model release (signed by the model) allowing the use of her likeness.
*Usage agreement (signed by the photographer) allowing you to use the images in your show.
*Contract (signed by you as the client and the model or photographer) containing your conditions.
Depending on how you word it you may be able to combine some of these documents, but there's nothing wrong with keeping them separate. That keeps things a little cleaner, in my opinion...each document deals just with what it needs to cover.

Since it sounds like you have discussed this with the models and are friends with the photographers, I don't see a problem sitting down with them (or at least some of them) and mutually drafting the relevant documents. Heck, you can let the models and/or photographers write their own documents if you'd like - as long as it suits your needs, who cares who originates it?

(On a side note, if you ever get up around Boston I'll happily shoot your work for you.)

bellarougedesign · Oct 21, 2010

Thank you so much for giving me some feedback on this question. I think you spoke to a very basic concern here - I am so used to being a part of the creative team that it is a little weird to be the client.
I was afraid that my requirements were going to be frowned upon...

(also, if you are ever in NC or reasonably nearby I would be more than happy to work with you

)

So as an aside, me never having been the "client" so to speak, can you direct me to some sample contracts that I might read to get an idea of what I should be thinking?

Studio7Four · Oct 22, 2010

Unfortunately I don't have anything appropriate to the "contract" aspect of it. Perhaps one of the full-time professional photographers on here can help you out with that. If you want to email me directly (so that I have your email for a reply and can attach files) I will try to dig out my model release and usage agreement for you to use as a reference.