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Thread started 22 Jan 2016 (Friday) 06:14
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Models compensation

 
gmm213
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Jan 22, 2016 06:14 |  #1

So my wife has started doing some modeling since I've used her for my work. I was wondering reading most photographers contracts they don't say anything to the affect of compensation to the model if the photographer sells the photos. Is this the norm? What compensation should the model receive if the photographer sells the photos? I'm speaking in the case of TFP shoots


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Hannya
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Jan 22, 2016 16:01 |  #2

Either models give their time, and get photos in recompense, or you agree a 'fee' for their time. Get a model release agreement and then both are clear about what happens if the images are sold for commercial use or used in editorial or published on your website etc (the norm is nothing happens, the model has been paid for their time in advance, end of).


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Jan 22, 2016 16:11 |  #3
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No compensation, or I should say no further compensation, as the model agreed to be compensated with pictures; thus she's not entitled to anything else.


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Jan 22, 2016 21:04 |  #4

If a model is being paid they normally don't receive images. In TFP they get paid in images instead of cash. There is no further compensation due as they have been "paid".


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gmm213
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Jan 22, 2016 22:20 |  #5

My question is because generally most photogs that weve worked with in a TFP situation go out of there way( not in the contract, just off hand) that they dont shop the images around. Ones contract actually states that either party can sell the images with no contact to the other except in an exclusive rights situation.

A lot of models shes talked to say they usually have clauses stating that in a TFP situation both parties can use them for promotion but for monetary gain the contract should be re evaluated.

I get in most cases the gain wont be enough to warrant it, but theres always that possibility.


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Jan 22, 2016 22:29 |  #6
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gmm213 wrote in post #17869116 (external link)
My question is because generally most photogs that weve worked with in a TFP situation go out of there way( not in the contract, just off hand) that they dont shop the images around. Ones contract actually states that either party can sell the images with no contact to the other except in an exclusive rights situation.

A lot of models shes talked to say they usually have clauses stating that in a TFP situation both parties can use them for promotion but for monetary gain the contract should be re evaluated.

I get in most cases the gain wont be enough to warrant it, but theres always that possibility.

Well, that's up to the photographer. Me, I wouldn't like to be asking for permission every time I licence the image or use it. My model release form states clearly that. I'm not interested in being Mr Nice Bloke to the effect that it cripples my business model. That's one reason I prefer to pay the models $50 for their time, have them sign the release, even transfer the copyright of any images they might have accidentally or incidentally or purposefully made with any equipment that belongs to me, and off we go. I play nice in the sense that even when I pay them I let them have a copy of the final images for their own use, but they cannot re-sell them, nor can they ask for any more images than I give them, nor can they demand to see all the images from the shoot so that they can decide which ones they want (heck, I'm not retouching photos I ain't gonna use). I've never been one to like TFP agreements, as I'm afraid the model might find them specious, or I actually find them specious.

In a nutshell: it's up to the photographer to bend double in an attempt to be nice and/or motivate the model to pose, but it is in no way the norm, and thus, you shouldn't expect it of any photographer much less demand it or be upset if he says 'no, the photo is mine, I compensated you, you have no rights'.


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Jan 23, 2016 06:50 |  #7

gmm213 wrote in post #17869116 (external link)
My question is because generally most photogs that weve worked with in a TFP situation go out of there way( not in the contract, just off hand) that they dont shop the images around. Ones contract actually states that either party can sell the images with no contact to the other except in an exclusive rights situation.

Ultimately any deal is possible subject to negotiation. Have to say that having two people wandering around selling the same thing (without talking to each other) sounds like a really bad idea. "Yea thanks I won't need those images from you, the model just sold them to me for half as much".


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