Approve the Cookies
This website uses cookies to improve your user experience. By using this site, you agree to our use of cookies and our Privacy Policy.
OK
Index  •   • New posts  •   • RTAT  •   • 'Best of'  •   • Gallery  •   • Gear  •   • Reviews
Guest
New posts  •   • RTAT  •   • 'Best of'  •   • Gallery  •   • Gear  •   • Reviews
Register to forums    Log in

 
FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 03 Jul 2014 (Thursday) 22:13
Search threadPrev/next
sponsored links
(this ad will go away when you log in as a registered member)

Advice on selling images to a major magazine

 
fk6065
Member
69 posts
Likes: 2
Joined Jan 2008
     
Jul 03, 2014 22:13 |  #1

About a year ago I hired a female model in my area in an effort to build my portfolio. Since that time she has become somewhat of celebrity.

When we shot she posed on lingerie that was see through/ sheer. A magazine is interested in the images because of her popularity. You can see her buttocks, breasts and nipples in some of the images. She brought all the pieces with her and picked what see wanted to wear.

I shot with her for my portfolio. I had no idea she was an up and coming celebrity.

She signed a model release.

She was compensated.

My question is should I follow through with the magazine and see if they want to buy the images from me?

Or should I just let this go by the wayside and keep the images to myself?

Thank you




  
  LOG IN TO REPLY
sponsored links
(this ad will go away when you log in as a registered member)
PhotosGuy
Cream of the Crop
Avatar
75,941 posts
Gallery: 8 photos
Likes: 2589
Joined Feb 2004
Location: Middle of Michigan
     
Jul 03, 2014 23:25 |  #2

Free publicity for her is free publicity, but I'd be inclined to ask how she feels about that sale.


FrankC - 20D, RAW, Manual everything...
Classic Carz, Racing, Air Show, Flowers.
Find the light... A few Car Lighting Tips, and MOVE YOUR FEET!
Have you thought about making your own book? // Need an exposure crutch?
New Image Size Limits: Image must not exceed 1600 pixels on any side.

  
  LOG IN TO REPLY
OhLook
insufferably pedantic. I can live with that.
Avatar
21,032 posts
Gallery: 78 photos
Best ofs: 2
Likes: 9369
Joined Dec 2012
Location: California: SF Bay Area
     
Jul 03, 2014 23:30 |  #3

fk6065 wrote in post #17010369 (external link)
She signed a model release.

Did its terms give you unlimited use of the images?


PRONOUN ADVISORY: OhLook is a she. | A FEW CORRECT SPELLINGS: lens, aperture, amateur, hobbyist, per se, raccoon, whoa, more so (2 wds.), shoo-in | Comments welcome

  
  LOG IN TO REPLY
Dan ­ Marchant
Do people actually believe in the Title Fairy?
Avatar
5,605 posts
Gallery: 19 photos
Likes: 2025
Joined Oct 2011
Location: Where I'm from is unimportant, it's where I'm going that counts.
     
Jul 04, 2014 08:21 |  #4

You don't need a release to grant unlimited use because.....
1. The copyright owner already has the right to use the image in a number of ways (editorial, art prints etc) and can grant those rights to others.
2. You only need a release in order to use someone's likeness for promotion/marketing/ad​vertising so that is the only right the model release needs to grant.


Dan Marchant
Website/blog: danmarchant.com (external link)
Instagram: @dan_marchant (external link)
Gear Canon 5DIII + Fuji X-T2 + lenses + a plastic widget I found in the camera box.

  
  LOG IN TO REPLY
OhLook
insufferably pedantic. I can live with that.
Avatar
21,032 posts
Gallery: 78 photos
Best ofs: 2
Likes: 9369
Joined Dec 2012
Location: California: SF Bay Area
     
Jul 04, 2014 11:23 |  #5

Dan Marchant wrote in post #17011020 (external link)
You don't need a release to grant unlimited use because.....
1. The copyright owner already has the right to use the image in a number of ways (editorial, art prints etc) and can grant those rights to others.
2. You only need a release in order to use someone's likeness for promotion/marketing/ad​vertising so that is the only right the model release needs to grant.

All right, then. Did anything in the agreement limit use of the images?


PRONOUN ADVISORY: OhLook is a she. | A FEW CORRECT SPELLINGS: lens, aperture, amateur, hobbyist, per se, raccoon, whoa, more so (2 wds.), shoo-in | Comments welcome

  
  LOG IN TO REPLY
fk6065
THREAD ­ STARTER
Member
69 posts
Likes: 2
Joined Jan 2008
     
Jul 04, 2014 11:30 |  #6

Thanks everyone.

The release had no limits on the usage.




  
  LOG IN TO REPLY
fk6065
THREAD ­ STARTER
Member
69 posts
Likes: 2
Joined Jan 2008
     
Jul 05, 2014 13:57 |  #7

I guess it's more of a question as to if I should do it or not due to the type/content of the images.




  
  LOG IN TO REPLY
rjharris
Goldmember
Avatar
1,103 posts
Gallery: 73 photos
Best ofs: 1
Likes: 855
Joined Mar 2010
Location: Near Dallas
     
Jul 05, 2014 14:01 |  #8

If they showed privates, I would certainly ask her permission.




  
  LOG IN TO REPLY
seres
Senior Member
Avatar
580 posts
Likes: 40
Joined Apr 2013
     
Jul 05, 2014 19:56 |  #9

rjharris wrote in post #17013144 (external link)
If they showed privates, I would certainly ask her permission.

That's what I would do.


—Eric

  
  LOG IN TO REPLY
Dan ­ Marchant
Do people actually believe in the Title Fairy?
Avatar
5,605 posts
Gallery: 19 photos
Likes: 2025
Joined Oct 2011
Location: Where I'm from is unimportant, it's where I'm going that counts.
     
Jul 05, 2014 23:02 |  #10

The images were for your portfolio. Portfolios are for viewing by others. The model knew this and signed a release.

If it is important to you what she thinks of you then you could ask her first. Then, if she says no you have to decide between money or being liked by her. Alternatively, if she doesn't want them published you could ask her if she wants to buy them.


Dan Marchant
Website/blog: danmarchant.com (external link)
Instagram: @dan_marchant (external link)
Gear Canon 5DIII + Fuji X-T2 + lenses + a plastic widget I found in the camera box.

  
  LOG IN TO REPLY
CAPhotog
Senior Member
334 posts
Joined May 2012
     
Jul 06, 2014 11:39 |  #11

You made a business transaction mutually knowing it was for the purpose of displaying your work, promoting your photography, and potentially licensing the images in the future. You can use the images based on that agreement. Yet you seem concerned because the images are semi-nude. What has changed in only a year? Her fame, or that you didn't think you would actually profit from images of her? If she wasn't famous and you happened to get the opportunity to publish them, what were you going to do? You can always do the courtesy of informing the model when publishing. But if it is the type of magazine that concerns you or their intentions toward her, your ethical concern might be about the type of photographer you want to be.




  
  LOG IN TO REPLY
noxcuses1
Senior Member
889 posts
Likes: 1
Joined Oct 2006
     
Jul 06, 2014 13:52 |  #12

You may also want to copyright register the images if you haven't already.




  
  LOG IN TO REPLY
fk6065
THREAD ­ STARTER
Member
69 posts
Likes: 2
Joined Jan 2008
     
Jul 06, 2014 20:29 |  #13

CAPhotog wrote in post #17014585 (external link)
You made a business transaction mutually knowing it was for the purpose of displaying your work, promoting your photography, and potentially licensing the images in the future. You can use the images based on that agreement. Yet you seem concerned because the images are semi-nude. What has changed in only a year? Her fame, or that you didn't think you would actually profit from images of her? If she wasn't famous and you happened to get the opportunity to publish them, what were you going to do? You can always do the courtesy of informing the model when publishing. But if it is the type of magazine that concerns you or their intentions toward her, your ethical concern might be about the type of photographer you want to be.

1. Her fame and recognition has changed a lot over the last year.

2. I didn't ask her to show anything in the images but she picked some sheer outfits.

3. I never imaged that she would become a recognizable person.

4. I wasn't looking to profit from the images when I shot with her, only to add to y portfolio. I never anticipated this happening.

5. You're right part of it is want type of photographer I want to be known as.




  
  LOG IN TO REPLY
CAPhotog
Senior Member
334 posts
Joined May 2012
     
Jul 06, 2014 23:35 |  #14

Given #5, your answer probably lies there. The images you put out in the world are the type of photographer you become. If the images are artful and will help your photography through mutual agreement that is one factor. You have yet to state whether those images will cause harm to the model, and that is another factor. Presumably you know the magazine's intentions and the online responses you receive here won't change that.

There are many choices in business that are made for money and sometimes choices that shouldn't be. The same can probably be said for fame. You may have found yourself in a position to trade one for the other, but the fame is not your own. If you can license the images to a publication that will make the model glad she posed for you, that would be good as a photographer. If she will regret having ever posed for you, it is hard to justify.




  
  LOG IN TO REPLY
Dan ­ Marchant
Do people actually believe in the Title Fairy?
Avatar
5,605 posts
Gallery: 19 photos
Likes: 2025
Joined Oct 2011
Location: Where I'm from is unimportant, it's where I'm going that counts.
     
Jul 07, 2014 02:12 |  #15

This is obviously a conscience issue not a legal one, so talk to the model. She agreed to pose, she picked the outfits, knowing people would see them. She may regret that choice now or she may not. Who knows her and her marketing team may be only to happy to have a tastefully shot bit on "scandal" appearing in the papers and boosting her profile.


Dan Marchant
Website/blog: danmarchant.com (external link)
Instagram: @dan_marchant (external link)
Gear Canon 5DIII + Fuji X-T2 + lenses + a plastic widget I found in the camera box.

  
  LOG IN TO REPLY
sponsored links
(this ad will go away when you log in as a registered member)

3,078 views & 0 likes for this thread
Advice on selling images to a major magazine
FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
AAA
x 1600
y 1600

Jump to forum...   •  Rules   •  Index   •  New posts   •  RTAT   •  'Best of'   •  Gallery   •  Gear   •  Reviews   •  Member list   •  Polls   •  Image rules   •  Search   •  Password reset

Not a member yet?
Register to forums
Registered members may log in to forums and access all the features: full search, image upload, follow forums, own gear list and ratings, likes, more forums, private messaging, thread follow, notifications, own gallery, all settings, view hosted photos, own reviews, see more and do more... and all is free. Don't be a stranger - register now and start posting!


COOKIES DISCLAIMER: This website uses cookies to improve your user experience. By using this site, you agree to our use of cookies and to our privacy policy.
Privacy policy and cookie usage info.


POWERED BY AMASS forum software 2.1forum software
version 2.1 /
code and design
by Pekka Saarinen ©
for photography-on-the.net

Latest registered member is Cockneysparra
831 guests, 229 members online
Simultaneous users record so far is 15144, that happened on Nov 22, 2018

Photography-on-the.net Digital Photography Forums is the website for photographers and all who love great photos, camera and post processing techniques, gear talk, discussion and sharing. Professionals, hobbyists, newbies and those who don't even own a camera -- all are welcome regardless of skill, favourite brand, gear, gender or age. Registering and usage is free.