Working with models & makeup artists...

First of all let me just say I did not know the make up artist would be there until the day of the shoot so I had nothing to do with her and only kept in contact with my client, the model. After the shoot the makeup artist said that she wanted me to give away all of my rights to the photos. Is that normal for this type of thing? She acted like she was running the whole thing and even took some shots of her own as I was shooting. She also distracted my client several times. I am not sure but I think she was paying the model which seemed odd to me. I don't feel comfortable with this and feel that if anyone would like to sell the photos or use them for advertisements then I should get a percentage of the profits right? That is basically the only thing I have said that my client can not do. I was under the impression that the client only wanted these for her portfolio to show to agencies. Have I done anything wrong and how should I resolve/handle this?

Anytime that I have worked with a model where there was a makeup person present. Tell them to pack sand about giving away your rights to the photos. If the makeup person is someone that I want to keep on my good side for future use I will give them a few images to use for their self promotion but that is laid out in a "letter of understanding". This saves the hassle of them running around behind you snapping their own shots. Don't give away your rights and you don't have to worry about them selling in the future and you wanting a cut.

I always have a discussion and put in writing in most cases, who will be present and what their function at the shoot will be. I don't do a fancy contract in each case but will do a "letter of understanding" which basically explains the shoot, the price, the purpose, the persons attending, etc. My lawyer has said that it should stand up in court should it ever come to that. I think that the only mistake that might have been made here was to assume that it was only you and the model. I always prefer to have a third party there in any event to cover me backside.

I agree with Sheldon.

You were there & she was on YOUR set. Why didn't you ask?

Sarah-

The makeup artist was clear over reaching her role, and you have zero obligation to her to provide pictures or rights. Part of delivering good service to your clients is to clearly understand the purpose of the shoot, the use of the pictures, and all the participants of the shoot as part of the planning process.

I am not sure what rights you agreed to provide to your client, but I hope that it is clear that they are not transferable. I would be comfortable providing 3-5 watermarked pictures for the personal use of the makeup artist, but nothing else. Before I provided any images, I would require the makeup artist to agree by email that:

The images are Copyright 2010, the photographer. The photographer provides XXXXX the makeup artist a limited non-exclusive license for personal use only of the images to make prints, display in a printed portfolio, or use on a website in the personal profile of the licensee. The images may not be edited, modfied, transfered, or sold to any third party, or used in any form of commercial advertising without written permission from the Copyright Owner.

As the photographer, you can only deliver great client service when you are in full control of the project, the resources, and the image distribution. Take charge!!

-Scott

sarahashleyphotos wrote in post #11106814
First of all let me just say I did not know the make up artist would be there until the day of the shoot so I had nothing to do with her and only kept in contact with my client, the model. After the shoot the makeup artist said that she wanted me to give away all of my rights to the photos. Is that normal for this type of thing? She acted like she was running the whole thing and even took some shots of her own as I was shooting. She also distracted my client several times. I am not sure but I think she was paying the model which seemed odd to me. I don't feel comfortable with this and feel that if anyone would like to sell the photos or use them for advertisements then I should get a percentage of the profits right? That is basically the only thing I have said that my client can not do. I was under the impression that the client only wanted these for her portfolio to show to agencies. Have I done anything wrong and how should I resolve/handle this?

You own the copyright. That means you have total, unequivocal say in what happens to the photographs--presuming from what you've said that you have not signed a written contract transferring copyright to anyone.

This doesn't mean you can use the photographs yourself--if you intend to use them to promote your own business, you will need a release from the model--and only the model, not the MUA (unless the MUA performed some kind of unique make-up like the make-up from "Cats").

Your only verbal agreement is with your client and it is only what it is.

What you can do now is to put into writing exactly what usages you will license to the model according to whatever you previously agreed on verbally (because you're a nice person).

Notice the terminology: Do not talk about "transferring" anything, do not talk about selling or giving up any "rights." State clearly up front, though, that you retain the copyright and reserve all rights thereof. If you don't want them used for adverting, then say that. It's your ball, your bat, your field, your rules.

You have no agreement with the MUA...as someone has said, she can pound sand. If you want to establish an agreement with her, write her out another license with whatever limits you want.