So.. this is a rant about a model who didn't pay for a shoot and expects un-watermarked images.

[DavidVote]

This is the release I had the model signed. For obvious reasons I have removed any personal information.
After each shoot, I always go over in detail of the contract with the model.

Perhaps I may have been negligent in letting the model know that her images would be watermarked.
I have always done this with TFP shoots and not once have I had a model backlash at me for watermarking my images.

The way I see it, is if a model comes to me and expects not to pay, I can deliver the photos however I please to them.
Afterall, it's the contract.

But I see now that what I am doing is not "industry standard" and will consider changing my business methods.


Edit: Granted I am not a lawyer so therefor may be flaws in this contract. (Typos, wording, etc..)

Why did you use the term "TFP" with the model then?

Anyways, I'm glad that you are going to consider (and hopefully) changing your business.

I also hope the model gets the full sized in water marked images that comes with a TFP shoot.

I'm still new to the whole asking a model to shoot with you kind of thing.
I always thought TFP meant time for photos.
Meaning that in exchange for the models time I can give her the photos however I please.

I see now that it is a mutual collaboration and that by watermaking my images I am cheating out the model and being the only one to benefit from the shoot.
I see now that when asking a model TFP that the model's payment is time and mine out of courtesy is the photos.

I've read through all the message and agree with many and disagree with few. I will take all this new information and in spite of my action hopefully build a better business model and ethic.

Unfortunately, I am not able to apologize to the model, as that bridge was definitely burned.
I will send her the un-watermarked photos nonetheless along with an explanation of my error and misunderstanding of how a TFP works.

I apologize for not asking before when I should have. To what extent are you water marking your photos?

Is it just a little water mark to a corner or is it to the point to where the image is unusable?

 

[JacaRanda]

I can see why things would be confusing if you have done several of these shoots and this is the first model to have an issue.

 

[NedM]

This is the release I had the model signed. For obvious reasons I have removed any personal information.
After each shoot, I always go over in detail of the contract with the model.

Perhaps I may have been negligent in letting the model know that her images would be watermarked.
I have always done this with TFP shoots and not once have I had a model backlash at me for watermarking my images.

The way I see it, is if a model comes to me and expects not to pay, I can deliver the photos however I please to them.
Afterall, it's the contract.

But I see now that what I am doing is not "industry standard" and will consider changing my business methods.


Edit: Granted I am not a lawyer so therefor may be flaws in this contract. (Typos, wording, etc..)

Why did you use the term "TFP" with the model then?

Anyways, I'm glad that you are going to consider (and hopefully) changing your business.

I also hope the model gets the full sized in water marked images that comes with a TFP shoot.

I'm still new to the whole asking a model to shoot with you kind of thing.
I always thought TFP meant time for photos.
Meaning that in exchange for the models time I can give her the photos however I please.

I see now that it is a mutual collaboration and that by watermaking my images I am cheating out the model and being the only one to benefit from the shoot.
I see now that when asking a model TFP that the model's payment is time and mine out of courtesy is the photos.

I've read through all the message and agree with many and disagree with few. I will take all this new information and in spite of my action hopefully build a better business model and ethic.

Unfortunately, I am not able to apologize to the model, as that bridge was definitely burned.
I will send her the un-watermarked photos nonetheless along with an explanation of my error and misunderstanding of how a TFP works.

I apologize for not asking before when I should have. To what extent are you water marking your photos?

Is it just a little water mark to a corner or is it to the point to where the image is unusable?

It's a watermark in the corner, and to be quite honest, it does make the photo unusable in print.
I will no longer be watermarking my photos.
I've decided that it is not the best action for my business.

Sure people may steal or print my photos without my permission but at least I can avoid a situation like this again.

Or... is there another way to go about this?

 

[pixmedic]

Watermark the photos you post online. Don't watermark the photos given to clients.

 

[NedM]

I can see why things would be confusing if you have done several of these shoots and this is the first model to have an issue.

Yeah, I was just a bit caught off guard.
Better to experience this now than later and miss an opportunity.

 

[NedM]

Watermark the photos you post online. Don't watermark the photos given to clients.

Okay! In giving my clients the photos, how do you mean? Should I give them all the photos in resolution or did you mean prints?

 

[tirediron]

Hasten thee to an IP lawyer and get that release un****ed immediately. I have to ask, in all seriousness, do you fully understand what you are asking a model to agree to in that release? That looks like a release I'd expect from KGB Photography Inc. It is the mostly unfair and one-sided release I've ever seen (and I've looked at quite a few).
WHAT is the model's incentive to work with you? According to that document, she isn't even entitled to images.

I understand that release to an extent.
Honestly, a lot of that is parts of different releases I have been shown and thrown together.

Although, it would very helpful if you can explain to me what I have been having all my models sign.

How do you mean models incentive to work with me?

Okay, another serious question: if you don't understand the ramifications of the document yourself, why are you having people sign it? How do you know it even does what you want? Now, I'm not not a lawyer, nor do I play one on television, and I did NOT stay at a Holiday Inn Exprss last night, but...

In plain English, what I interpret that document to mean is that someone who models for you gets nothing, "the model has no rights to the images". That means he/she can't even use them in a portfolio, so they come to you , spend 1, 2, or more hours modelling and get nothing they can legally use? That's unfair in my book. Why haven't you had complaints before now? Who knows, but if I had to guess, it would be because the models were afraid to admit they didn't understand what they signed. Where does it tell the model what they get? Do you know what the term "assigns" means in this context?

 

[NedM]

Hasten thee to an IP lawyer and get that release un****ed immediately. I have to ask, in all seriousness, do you fully understand what you are asking a model to agree to in that release? That looks like a release I'd expect from KGB Photography Inc. It is the mostly unfair and one-sided release I've ever seen (and I've looked at quite a few).
WHAT is the model's incentive to work with you? According to that document, she isn't even entitled to images.

I understand that release to an extent.
Honestly, a lot of that is parts of different releases I have been shown and thrown together.

Although, it would very helpful if you can explain to me what I have been having all my models sign.

How do you mean models incentive to work with me?

Okay, another serious question: if you don't understand the ramifications of the document yourself, why are you having people sign it? How do you know it even does what you want? Now, I'm not not a lawyer, nor do I play one on television, and I did NOT stay at a Holiday Inn Exprss last night, but...

In plain English, what I interpret that document to mean is that someone who models for you gets nothing, "the model has no rights to the images". That means he/she can't even use them in a portfolio, so they come to you , spend 1, 2, or more hours modelling and get nothing they can legally use? That's unfair in my book. Why haven't you had complaints before now? Who knows, but if I had to guess, it would be because the models were afraid to admit they didn't understand what they signed. Where does it tell the model what they get? Do you know what the term "assigns" means in this context?

I mean, I understand the contract somewhat but I was always told that I should always have a signed contract for each shoot.
If you can message me and help me at least get a basic release going that would be very helpful!

 

[JacaRanda]

I can see why things would be confusing if you have done several of these shoots and this is the first model to have an issue.

Yeah, I was just a bit caught off guard.
Better to experience this now than later and miss an opportunity.

Looks like you are well on your way in this photography business (based on your website). As mentioned, you should reach out and get some professional help in creating photography bus. contracts. I'm wondering how your wedding, potrait, and engagement contracts read.

 

[DavidVote]

This is the release I had the model signed. For obvious reasons I have removed any personal information.
After each shoot, I always go over in detail of the contract with the model.

Perhaps I may have been negligent in letting the model know that her images would be watermarked.
I have always done this with TFP shoots and not once have I had a model backlash at me for watermarking my images.

The way I see it, is if a model comes to me and expects not to pay, I can deliver the photos however I please to them.
Afterall, it's the contract.

But I see now that what I am doing is not "industry standard" and will consider changing my business methods.


Edit: Granted I am not a lawyer so therefor may be flaws in this contract. (Typos, wording, etc..)

Why did you use the term "TFP" with the model then?

Anyways, I'm glad that you are going to consider (and hopefully) changing your business.

I also hope the model gets the full sized in water marked images that comes with a TFP shoot.

I'm still new to the whole asking a model to shoot with you kind of thing.
I always thought TFP meant time for photos.
Meaning that in exchange for the models time I can give her the photos however I please.

I see now that it is a mutual collaboration and that by watermaking my images I am cheating out the model and being the only one to benefit from the shoot.
I see now that when asking a model TFP that the model's payment is time and mine out of courtesy is the photos.

I've read through all the message and agree with many and disagree with few. I will take all this new information and in spite of my action hopefully build a better business model and ethic.

Unfortunately, I am not able to apologize to the model, as that bridge was definitely burned.
I will send her the un-watermarked photos nonetheless along with an explanation of my error and misunderstanding of how a TFP works.

I apologize for not asking before when I should have. To what extent are you water marking your photos?

Is it just a little water mark to a corner or is it to the point to where the image is unusable?

It's a watermark in the corner, and to be quite honest, it does make the photo unusable in print.
I will no longer be watermarking my photos.
I've decided that it is not the best action for my business.

Sure people may steal or print my photos without my permission but at least I can avoid a situation like this again.

Or... is there another way to go about this?

This is the release I had the model signed. For obvious reasons I have removed any personal information.
After each shoot, I always go over in detail of the contract with the model.

Perhaps I may have been negligent in letting the model know that her images would be watermarked.
I have always done this with TFP shoots and not once have I had a model backlash at me for watermarking my images.

The way I see it, is if a model comes to me and expects not to pay, I can deliver the photos however I please to them.
Afterall, it's the contract.

But I see now that what I am doing is not "industry standard" and will consider changing my business methods.


Edit: Granted I am not a lawyer so therefor may be flaws in this contract. (Typos, wording, etc..)

Why did you use the term "TFP" with the model then?

Anyways, I'm glad that you are going to consider (and hopefully) changing your business.

I also hope the model gets the full sized in water marked images that comes with a TFP shoot.

I'm still new to the whole asking a model to shoot with you kind of thing.
I always thought TFP meant time for photos.
Meaning that in exchange for the models time I can give her the photos however I please.

I see now that it is a mutual collaboration and that by watermaking my images I am cheating out the model and being the only one to benefit from the shoot.
I see now that when asking a model TFP that the model's payment is time and mine out of courtesy is the photos.

I've read through all the message and agree with many and disagree with few. I will take all this new information and in spite of my action hopefully build a better business model and ethic.

Unfortunately, I am not able to apologize to the model, as that bridge was definitely burned.
I will send her the un-watermarked photos nonetheless along with an explanation of my error and misunderstanding of how a TFP works.

I apologize for not asking before when I should have. To what extent are you water marking your photos?

Is it just a little water mark to a corner or is it to the point to where the image is unusable?

It's a watermark in the corner, and to be quite honest, it does make the photo unusable in print.
I will no longer be watermarking my photos.
I've decided that it is not the best action for my business.

Sure people may steal or print my photos without my permission but at least I can avoid a situation like this again.

Or... is there another way to go about this?

As much as I dislike watermarking, I also don't dissupport it. Just have to be careful not to overdo it.

 

[NedM]

I can see why things would be confusing if you have done several of these shoots and this is the first model to have an issue.

Yeah, I was just a bit caught off guard.
Better to experience this now than later and miss an opportunity.

Looks like you are well on your way in this photography business (based on your website). As mentioned, you should reach out and get some professional help in creating photography bus. contracts. I'm wondering how your wedding, potrait, and engagement contracts read.

Thanks, I have taken several business classes in photography in college, so I have some help with my business.
I am not even sure where I would be able to get help with my bus. contracts.

A lot of my photographers in my area are very secretive and dont like sharing. ):

My wedding contract is whole lot different than my model releases.
It's too long to be posted here. I had some help with my wedding contract but now I fear it may be faulty.

 

[pixmedic]

Watermark the photos you post online. Don't watermark the photos given to clients.

Okay! In giving my clients the photos, how do you mean? Should I give them all the photos in resolution or did you mean prints?

Well, for instance. ...
In a TFP type deal, the model wants photos for THEIR portfolio, and you want pictures for YOURS. You both need photos to either print for display or for online viewing.
A watermark on your photos Is fine because you want your branding on it, but a watermark obscuring the picture makes it useless to the model, and therefor gets the model nothing out of the trade arrangement.
You might have something In the contract saying she gets a watermarked image for her to post on social media, or that she credit you for them, but the model will need unaltered photos for themselves for their own portfolio to send to agencies

 

[JacaRanda]

How about asking the professor at your college for help or recommendations? Or maybe ask a business law proffesor at your college.

 

[NedM]

Adult s model release American Society of Media Photographers


I just posted a link that takes you to an example model release template by ASMP.
Would this template, of course after changing the placeholders, be a good place to start?

 

[tirediron]

I only have a copy of my minor release handy
and __________________________________ a minor, and _____________________________ a parent or guardian legally able to enter in to this agreement on behalf of the aforementioned minor; (Jointly, “The Client”), in which The Photographer and The client agree to a non-monetary exchange of time for services in the following manner:
In exchange for acting as a model for a period of up to two hours (or a greater or less period if mutually agreed on), The Client will receive up to three digital files, in .jpg format suitable for printing at up to 8x10 inches. As agreed beforehand by both The Client and The Photographer, the images will be head and shoulder images (“headshots”) of the type commonly used in modelling portfolios.

The Photographer grants The Client the right to make an unlimited number of prints of the aforementioned images, and the right to use the images in electronic or printed format for any non-commercial purpose, including but not limited social media use, and portfolios and self-promotion, but no other rights. The Client may not edit or alter the files in any way.
The Photographer retains copyright to all images as well as the right to use the image for any non- commercial purpose including but not limited personal promotion, accreditation and portfolio.

The Client is responsible for hair-styling, make-up, and clothing choices. The Photographer will retain the right to make the final decision as to which image(s) are selected for processing and delivery to The Client.

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This is posted as a guide only and is designed for use in Canada. The bits in itallics are changed as appropriate for each event.