Legal matters matter
Legal matters are far too often neglected, both by models and performers as well as the photographer or cinematographer, but they must not be ignored. It is important to understand the legal issues regarding performing or modelling work.
There are three types of agreements that should be considered, although, most times, only two are necessary:
- Image release
- Copyright license
- Work contract
The first two regards the rights to use the creative work produced. The last regards the actual work done during the shoot. It is common to write a contract that includes all the relevant aggreements, but doing so can actually make things less clear.
Image release
You must give your express consent for the photographer to use the photos of a shoot. This is done with an image release, granting the photographer the rights to use your image for the purposes specified in the agreement. The use can be limited to specific purposes, media, geographic limitations or for a limited time.
For TFP/TFCD sessions the use is usually limited to purposes for the personal promotion of the photographer, including the photos in the portfolio and other material presenting the photographer. For TFP/TFCD sessions I use this image release (Spanish).
Copyright
The creator of the photo, that is the photographer, retains the copyright of the photos. In order to use photos the photographer must issue a copyright license, granting you the rights to use the photos. The rights of use my be limited to specific purposes, type of media or otherwise.
For TFP/TFCD sessions, use is usually limited for the purpose of promoting the model or artist, for inclusion in the book, composits and other material promoting the model or artist.
Work contract
A work contract covers the actual work done during the photo session. A contract is required if you are paid for the job, and if you do work for hire, such a contract can be very limited. If the shoot is a TFP/TFCD session where all involved exchange the rights of use of the produced material, then it is not considered work, even if you do the same as in a paid session.