01/25/10 02:04 Model Advice
Model Advice
NOTE:
This article has been edited as of 1/28/10.
There's a war brewing between models and
photographers these days and it comes down to this:
after a photo shoot, models want their photos and
photographers often fail to deliver, at least to the
extent promised. So what's the solution? I understand
models needing quality images to keep themselves in
circulation. Moreover, why should the model have to
wait indefinitely and keep pestering a photographer
to give them their
own images? But I can
also understand photographers not having the time to
retouch photos for free!
The Problem
The biggest problem here is the lack of
professionalism in how these photo shoots come about
to begin with. Let's be honest; photographers often
shoot models for reasons that go beyond building
their portfolios. And models are frequently willing
to hustle a shoot on the cheap. Thus, the TFP shoot
was born. But many times, after the photo shoot is
done and the fotog has gotten what he wants, he's
"over it" and ready to move on to the next model.
Sure, he may retouch one or two photos, but now that
he's seen his favorite model in all her unretouched
realism, stretch marks, cellulite and all, the
fantasy is over and retouching the photos is just...
well, work. The model on the other hand has only
received a few photos for her efforts. Enter
conflict. She starts
demanding that the
photographer give her all the photos. The
photographer refuses, reminding her that she hasn't
paid him a penny and is not in a position to be
making demands.
The Solution
Models, pay for your photo shoots and have a contract
in place stating what you are entitled to receive in
clear terms. I really don't think it's too much to
ask that the model receive all the photos the
day
of the shoot on a USB drive. However, the
contract should state that the model can't post any
photos until and unless the photographer breaches the
agreement - i.e., a reasonable time (21 days) passes
without the photographer delivering the agreed upon
number of post processed images. In the event of
breach by the photographer, the model should be
allowed to have the photos retouched by a
mutually agreed upon Photoshop wizard at her
own expense, and subject to the photographer's
approval (not to be unreasonably withheld and to be
timely given, e.g., within 48 hours). This allows the
model to move on with what she needs to do post photo
shoot.
Oh, and if the model breaches - i.e., posts photos
before the safe harbor period expires and without the
photographer's consent - there should be a penalty
granting the photographer a set amount of damages per
image disseminated without his permission (e.g., $500
per image).
Conclusion
A simple contract to this effect should prevent
problems after a TFP shoot. With the model in
possession of all the pics, the photographer is
unlikely to fail to deliver the post processed images
promised in a timely manner. Likewise, with a
liquidated damages clause rewarding the photographer
$500 per image distributed without his permission,
impatient models have a real disincentive not to
upload those unretouched photos on Twitpic.
Tags:Getting Quality Photos