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

One area that remains a Pandora’s Box for models starting out in the business is how to deal with their first request to host or emcee at a club or party. I’ve dealt with this many times working with Bria Myles. This is largely a contractual matter, and I’ve included a Sample Appearance Contract with this article for convenience.

Money

One question a lot of models ask is how much they should get paid to host a party. If you’ve garnered enough attention that someone has asked you to host a party, you’ve probably been on the cover of at least one major magazine or been prominently featured in a popular music video. That being said, I think starting price for this sort of thing should be at least $500 (if this was 5 years ago, I would say higher). If you’ve been in the game awhile and been on multiple magazine covers and in several big music videos, I don’t think you should get paid anything less than $1,500.

Payment

For some reason, hosting requests are one area where people tend to be very flakey. I can’t tell you how many times Bria has had someone put in a request for her to host an event, only to back out later. (I think guys use event hosting as a ploy to interact with models they like.) Often, by the time the promoter backs out, significant time and energy has already been expended. For this reason and to weed out the flakes, always request at least half of your fee 2-3 weeks prior to the proposed engagement date. The money should be wired to your or your manager’s account. Until that money hits your account, keep contact to a minimum with the promoter. If possible, models should have an agent or manager act on their behalf until the last possible minute in these negotiations, for the reason I mentioned above.

The balance must be paid to you before you step foot in the venue. All of this should be spelled out in the contract.

Pre-Hosting Formalities

Sometimes a promoter will ask you to make radio appearances the day you arrive in town to promote the event. Make sure you find this out beforehand, so you can determine if you want to charge extra for this service. Also, make sure you find out if you are going to be hosting with any other models, and be sure to demand top billing. Promoters are notorious for adding other “talent” at the last minute. Next thing you know, you’re receiving equal billing with a B or C-list urban model on the fliers. For this reason, you should also reserve the right to pre-approve any and all promotional materials before they are printed or posted on the web. Again, this should all be covered in your contract.

Performance

Hosting is limited to two hours floor time. During this two hours your duties as model could entail emceeing, greeting and mingling with fans, and signing autographs (you should bring something people can get signed if you have the chance - e.g., print out 50 nice 8x10s). There is nothing wrong with interacting with fans, but remember you are there to host, not to party.

You can make additional money working with the event photographer who takes photos. Let's say the event photographer is charging $10 for someone to take a photo with you and have it printed and signed. You can ask the photographer to go 50/50 on that.

Transportation & Hotel

If you are hosting out of town, the promoter should provide professional transportation services (limo) or pay additional fees for your taxi service around town. Under no circumstances should you be forced to ride around with the club promoter or anyone else associated with the event after you get to the airport. This is yet another hustle guys use to meet models. Bria actually cancelled an appearance after she found out she would have to take a two-hour ride with some club promoter to her hotel once she arrived in town. Fortunately, she had already been paid half her fee.

Likewise, while the promoter should pay for your hotel or lodging, you should actually book the room and get reimbursed. What you want to avoid is a situation where, because the promoter booked your hotel, they have a keycard with access to your room.

Finally, what of being able to bring a friend along? Well, if you're Melyssa Ford you can demand that the promoter pay for a friend to come along and a hotel room for two. For less prominent models, this can be a sticking point. Demanding that the promoter pay for air fare and lodging of an additional person can increase the fee by $500 easily, which is enough for many promoters to walk away. You may have to pay for this yourself, or split the fee with the promoter.

One of the classier fliers I've seen for a party Bria hosted with Drake...

Tags:Party Hosting

NOTE: This article has been significantly edited as of January 24, 2010.

Just a little comment about the recent Judge Judy case where it was ruled that a club promoter who used an urban model’s picture on promotional fliers was liable for $5,000 in damages to the model.

First of all, it’s important to note Judge Judy is sitting in small claims court/arbitration, so that case has no real precedential value (e.g., no other courts will rely on that ruling as the basis for future rulings).





However, the general premise of that case is true – you can’t use someone’s image for a commercial purpose, which means to make money, without his or her written consent. That’s why 50 Cent is suing World Star Hip Hop. They used his image on their website in such a way that it looked like he was affiliated with their site without his written consent. This gave them greater traffic and more ad revenues, which is a commercial purpose.

So what does this mean for your average club promoter, graphic designer, blogger, etc? It means you should get permission from the copyright holder of an image and/or the model before putting it on a flier or otherwise using it to make money. This recent Judge Judy episode will likely inspire more models to act on this type of misappropriation more often.

• What are the damages?

In the Judge Judy case she slapped the club promoter with the maximum allowable damages in small claims - $5000. In reality, damages could be difficult to prove and might have been less.

In California, for example, “The injured party may recover (1) the greater of $ 750 or actual damages, and (2) any profits attributable to the unauthorized use and not accounted for in computing damages. In establishing profits, the burden is on the injured party to prove the gross revenue, and on the violator to prove deductible expenses. The injured party may also recover punitive damages, and the prevailing party is entitled to attorneys' fees and costs.” (C.C. § 3344(a).) That's a lot to digest, but the reality is that it would be difficult for a model prove what revenues a club made due to using her image on a flier without hiring a forensic accountant. Also, since there are no attorneys allowed in small claims court, there would be no legal fees recoverable, although some filing fees might be allowed. So that might mean just $750 in damages for the club promoter (in California).

• Exception for Newsworthy Matters or Matters of Public Interest

One important exception to the invasion of privacy/right of publicity claim is for newsworthy matters. You can use a model or celebrities image on your website if it is associated with a newsworthy matter or a matter of public interest. That is how Bossip.com and Media Take Out get away with using those pics of Beyonce, Melyssa Ford, Ahsanti, etc. to drive traffic to their site without being sued. That’s also one reason why informational blurbs almost always accompany my model postings, as opposed to it just being straight photos.

However, even when the matter is not newsworthy, there’s some evidence the right to privacy might be slightly reduced on the internet. Enter United States v. Gines-Perez, 214 F. Supp. 2d 205, 225 (D. Puerto Rico 2002). In that case the court held: "[P]lacing information on the information superhighway necessarily makes said matter accessible to the public, no matter how many protectionist measures may be taken, or even when a web page is 'under construction.'" "[I]t strikes the Court as obvious that a claim to privacy is unavailable to someone who places information on an indisputably, public medium, such as the Internet, without taking any measures to protect the information."

In terms of copyright (the photographer's cause of action for unauthorized use), which is different from invasion of privacy (the model's cause of action for unauthorized use) the Fair Use Doctrine may permit news related use without permission as well. "The Fair Use Doctrine is codified at 17 U.S.C. § 107 and states that “the fair use of a copyrighted work..for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. Fortunately for bloggers, most of what they do is, at the very least, criticism or comment.” (See, Miller, Bloggers, Is Your Content Safe Under The “Fair Use” Doctrine?, BlackWeb 2.0,)

The bottom line is that using images of models on fliers or the internet for a commercial purpose and without their written consent is a bad business practice in general and can expose you to liability. The key trigger is whether the use is commercial in nature; that is, are you using it to make money or promote a product or service. If so, then chances are, whether it is the internet or just a flyer, you will be liable to the model for damages should s/he decide to sue.

Tags:Misappropriation, Promotional Flyers, Invasion of Privacy, Model Release

Tonight I got a really good question from “clacey9” who writes: “Hi, I was recently reading Buffie the Body's autobiography and she said that she didn’t get paid when she was first in KING magazine and magazines don’t pay models when they are in their magazine. I was wondering if this is true and if not how much does an urban model generally get paid? And also what are some good rates for me to begin my career: Hosting, videos, magazines and etc?”

There’s definitely truth to what Buffie said. In general, urban magazines don’t pay much, if at all. But this is not unusual in the modeling world in general. The editorial rate of most magazines is pretty low ($100 to $200) because being featured in the magazine alone is like a huge advertisement for the model and leads to bigger paydays. What’s interesting in the world of urban modeling however - and some would argue it’s not unique to this genre - is that the urban mags often try to skip out on paying the model altogether. Bria and I have had to chase down payments from just about every magazine she was in. This can get pretty unpleasant and a lot girls just give up, for fear of antagonizing the magazine’s staff and killing their chance of ever appearing in it again. This is where having an agent or manager can help, because they can track down a model’s money relentlessly without the model ever getting her hands dirty.

What Urban Models Really Make Might Surprise You

First, it’s important to realize that the Golden Age of Urban Modeling is over. It happened about five years ago and a number of factors coincided to end it. In 2005, a top urban model might make $5,000 to host a party, $5,000 a month on her website, and $1,500 to be the lead in a music video. Nowadays a model is lucky if she gets $1,000 to host a party, brings in $1,000 a month on her membership-based website, or makes $500 to be a lead in a music video. Even at its peak, urban modeling was never really intended to be the sole source of a woman’s income, but more so to supplement it. That’s because the work is too sporadic to count on for consistent income.

So on paper, urban modeling looks like a pretty bad proposition from a financial perspective. But there are a number of “fringe benefits” that can’t be monetarily quantified and make it more palatable. (That’s the subject for a different blog post.) Also, once you become well known, sometimes you’ll get a little bonus. A job that comes along and seemingly makes it all worthwhile. In 2008, Bria was in an Xbox game entitled “Don King Presents: Prizefighter.” Bria played herself as a reward to players that boxed their way to a certain level. I personally attended the recording session at Smashbox Studios here in Los Angeles when Bria taped this. She made $1,700 and earned enough credit to join SAG for four hours of work, which consisted of her reading a few lines of dialogue and taking some photos so that a CGI version of her could be created. (There are actresses out there struggling who don’t have enough credits to enter SAG.) That was one of those “cherry on top” jobs that happens every so often for urban models who are consistent performers.

Listed below are some general ranges of what a fairly successful urban model like Bria Myles can make from certain endeavors:

Party Hosting:
$0 - $1000
(A lot of models host parties for free to get exposure. Few make more than a $1,000 for an appearance)

Music Video:
Lead ($300 - $500); Featured ($150 - $300)

Magazine Feature:
$100 - $200 (the BlackMen SSX issues are rumored to pay up to $4,000, but those are far and few between these days)

Membership Based Website:
$500 - $1,000 per month

Tags:Model Compensation, Modeling Fees

Last month I had a model write in asking about posing. She writes: "I was wondering when you have time, do you think you could create a post on what type of poses a model is required to have to enhance the chances of getting bookings?" This is a good question, but a tricky one because as a photographer, I'm not doing the posing. Still, I’m looking at it and often directing it, and I know a good pose from a stinker. Posing is also a challenging question to address because, on some level, it’s instinctive and unique to every individual. It's hard to come up with a set of rules that everyone should abide by to get good results. With that said, I'm going to take a shot at it anyway. I think the factors listed below should be taken into account by any model who's taking this seriously as a craft.

Try This At Home Kids! Really!

Before you go out and shoot, if you have new ideas for poses in your head (especially sexy ones), you should try them out at home in front of the mirror or a video camera first. Don't wait until you get on set to try some avante garde new pose you came up with for the first time. You'll be wasting the photographer's time with your practice. Check out the pose in the mirror or on video to help you assess whether it looks goofy or works before you go out there. Which leads to our next topic...

Practice Makes Perfect

To be a good model, you have to be a master of expressions. You need to know just how to raise an eyebrow or pout the lips to get the desired results. Your body and face are your tools of trade, and you need to have complete control over them. Vogue-ing in the mirror may seem vain, but it's your job! And the more you do it, the more you'll be able to call up the desired pose or expression on command, which will result in better shots and greater efficiency. There's nothing worse than a model who is constantly asking to check the LED monitor to see if what she did worked. She should know this. If you need to get another opinion about a pose while practicing at home, make sure it's someone who's objective and not some guy who'll just be happy you're making sexy poses for him.

Assess Your Target Audience

This one's pretty obvious, but the poses that will work for BlackMen magazine probably wouldn't work in Allure magazine. If you're hired for a job, you need to figure out what is expected from you on the day of the shoot so you know what to do on set.

Learn to Pose For Your Body

Everybody has a weak spot - some area they'd just as soon not get caught on film. It's your job as a model to learn how to work around your weak spot while still providing a wide range of posing choices to the photographer. It's not enough to say, like Johnny Drama on a hilarious episode of "Entourage," that the photographer just can't shoot your right side. You need to learn how to work that weak spot to your advantage.
This is especially salient in the urban genre where women may have larger backsides, cellulite, etc. I have been on several shoots with models with large backsides that weren’t sure how to pose from the back or what to do with all their “assets.” You can’t go to an urban model shoot and be shy about being thick; it just doesn’t work. So learn how to bring out that inner Sasha Fierce no matter how curvy you are.

There's Nothing Wrong With Imitation - Watch the Greats

Sad to say, not everyone has an innate sense of grace and fluidity of movement and expression, just like not everyone can naturally dance. For some, it takes more practice and training than others. If you want to be a model, you need to watch the former greats like Cindy Crawford and Naomi Campbell to see what they did. You're not looking to imitate exactly here, but more so adopt a style that may work for you. I'd recommend watching some of those old Sports Illustrated Swimsuit making-of DVDs. I particularly liked the ones from the late 90s.
In terms of urban models, Melyssa Ford is my favorite because she mastered the art of being titillating without being vulgar, which is a very fine line to walk. Melyssa did a lot with her face, and practically patented her rapturous, slightly parted lips expression.

Those are my tips on posing. I hope they help.

Tags:Posing

I recently had a model ask me a very good question via email on this site, which was “When is it okay to sign a model release for a TFP shoot?” She also had some questions about provisions in the release.

Recall that a model release gives the photographer the right to commercially exploit your images. In a TFP shoot, the premise is that no one is getting paid -- everyone is doing the job in exchange for the final product. The prints or images. By getting you to sign a model release, the photographer is kind of cheating on this deal, because it allows him to make money from your photos. (There are countless websites that will pay money for a set of photos of an attractive model in lingerie or swimwear. These days, most photo shoots involve at least one look in swimwear. You get the picture.)

But the real question is whether there’s anything ethically questionable about the photographer asking for the release on a TFP shoot. The short answer is, “no.” Whether or not you should sign it depends on your relative bargaining power compared to the photographer. If you’re an unknown model and the photographer is well known and very good, it might be worth it for you to sign the release to get a chance to work with them. Just be sure to ask them what they intend to use the photos for. You may even want to demand that your photos not be used in association with anything that you would consider offensive or defamatory, including ads related to alcohol, tobacco, infectious disease, medications and drug use, sex and sexual orientation.

On the other hand, if you’re pretty much in the same place as the photographer careerwise and neither of you is doing the other a favor by working together, why should the photographer gain the unfair advantage of having the right to sell your photos? At the very least, it’s open to negotiation.

Without getting into the specifics of her other questions, suffice it to say, model releases often contain confusing language and legal jargon (i.e., “for the use of your image for all time and in any medium now known or hereinafter devised…” ) , but a lot of it is standard fare and should not cause undue concern. For instance, the following phrases should not cause alarm if you see them:

These are standard terms in any model release worthy of being signed. To see a standard model release Click Here

Tags:Model Release, TFP Shoots

Stylized photos may look good at the time, but they also date faster. Urban modeling magazines lean toward heavily styled shoots - lots of bracelets and accessories, trendy shoes and clothing. In my opinion, a lot of urban model shoots are overly stylized. If you want to stand out from the crowd and get pictures that will look great years after you've retired, go for clean, naturalistic photos.

Tags:Clean Photography

I recently got the following question from an aspiring model (let’s call her Joyce) via email. She writes:

“With the oversaturation of the market I don’t see many people getting discovered these days. So how does a determined lady go about taking her career from the amateur level to actually working without pulling a Cubana Lust if you know what I mean.”

I think what Joyce is actually asking is, “how do I become a working model in the industry without resorting to booty shaking videos or doing something I might regret later?”

That’s a difficult question, because supply greatly exceeds demand right now in the urban market, which means that even qualified models have to work harder and resort to more drastic measures to get noticed.

The first step is to be really honest with yourself about where you stand compared to the competition. I don’t think a top notch beauty will ever have to turn to booty shaking videos to get noticed. It may take longer, but quality always rises to the surface. Of course, not every girl can be Melyssa Ford. So where does that leave the moderately attractive model with a nice figure who still wants to retain her modesty and excel in the industry?

Well, there are other ways to stand out besides doing booty shaking videos. Model/actress Claudia Jordan is doing quite well right now because she has a gift for gab and has made a name for herself in radio. Rosa Acosta is using her ballet training to produce videos that mix eroticism with classical dance. Today’s urban model has got to be inventive if she wants to set herself apart.

As just one example, some aspiring models are gaining a fan base by making Youtube videos talking about controversial subjects (often times quite passionately). The pretext is the speech, but what viewers are really interested in is how beautiful the girl is. For instance, check out terra904’s speech about the backhanded compliments women of darker complexion often get. Notice the low cut top she has on and the overall aesthetically pleasing quality of the video? Not a mistake. Today’s vixen will have to be clever in ways like this to get noticed.

Another way to set yourself apart from the crowd is through your photos. If everybody else is shooting glam in the studio, take natural light shots at the beach. If everybody else is oiled down in a thong, wear a one piece. Your styling also plays a part in this. Amber Rose stood out because she had a blonde buzz cut. Now she’s Kanye’s girlfriend.

Finally, you’ve got to buck up and get ready for the long haul. It simply isn’t going to happen overnight for most girls these days, and especially the ones who want to maintain their integrity. But if you understand that going in, you won’t be discouraged. Just remember, before there was urban modeling, women of color who wanted to model simply got an agent and went out on castings for things like TJ Maxx catalogs and McDonalds commercials and continued to improve themselves through strict diet, exercise, speech and acting classes, etc. -- none of which are degrading -- until something hit. That's the traditional way to break into the market, and it still works.

Tags:Getting Ahead Without Degrading Yourself, How To Stand Out

Dena Cali is what you would consider a commercial model. She's not a high fashion, Milan runway type and she's not an urban model, although you may recognize her from Diddy's "Last Night" music video. But you've probably seen her in plenty of television commercials, on billboards and in magazines and never even knew it. She makes really good money doing this, almost certainly more than someone like Melyssa Ford. Did you know that a national TV ad for something like Snickers candy bar or Coca Cola can pay upward of $80,000 with residuals (provided it's not a buy out)? Yes, commercial models make the big bucks, even though they don't usually get name recognition. Dena is also an entrepreneur and produces a popular line of wigs. Check out Dena's blog here. This is one model who sets a good example...

Tags:Dena Cali

The steps are fairly simple, but a few of them require more discretion, sophistication, and grace than a lot of girls can muster.

Step 1: Get Quality Photos - It’s possible you could just be walking around somewhere and a major casting agent for music videos or a magazine editor spots you, but the odds aren’t great. Barring that scenario, the main way to create buzz for yourself is with quality, striking photos. We're not talking iPhone pics taken in your backyard, but professional pics that cast you in the best light possible. Also, it’s important to stand out of from the crowd, so forgot about doing booty shots oiled down in a thong. Everyone is doing those type of pics now. Be sexy without giving everything away. Again, this is where discretion comes into play. Do you have what it takes?

Step 2: Get yourself noticed. This means putting yourself out there on sites like Model Mayhem and One Model Place and submitting to castings for magazines and music videos. It’s easier to get a break in a music video than a magazine. The music video circuit is not as “political,” for lack of a better word, as the magazine circuit. If a casting director like Anissa Williams sees a hot model for a music video, she is not going to condition submission on whether you get “friendly” with her. Her main goal is to get the hottest, freshest talent to the artist for the best price. So if you can't catch a break with the magazines, start submitting for music video castings. Ajia Nicole will probably be the next face you see in the urban mags because she did the Hurricane Chris “Halle Berry” video. Dollicia Bryan also got her break in Joe's music video long before getting magazine exposure.

Step 3: Be humble. Be professional. The number one reason urban models lose their footing in the industry is that they become divas upon even the slightest success and get labeled “difficult to work with.” Even if you book a magazine cover or a Kanye West video, it does not entitle you to romp around like you’re Megan Fox. Get some perspective! Most people don’t even know about the urban modeling world, let alone you, but you'd never know it from the way a lot of these girls act. Being late for a shoot, showing up with bags under your eyes from partying the night before, being overly demanding on set, etc. - these are all things that are considered diva-like behaviour.

Again, this is an area where discretion and sophistication come into play. If you need an example, watch how Lauren Conrad behaved in her initial interviews with Teen Vogue during season one of “The Hills." Everything about her was understated and humble. And yeah, the cameras were rolling and she comes from a pedigreed background, yada, yada... Don’t make excuses. The behavior can be studied and emulated.

That’s it for now. I'll expand upon this article as thoughts come to me.

Tags:How To Stand Out, Getting Quality Photos