Preface: This post is based on the assumption that you collaborate with a model to perform a shoot. It’s not about shooting a model’s portfolio or the woman being your client. It’s about that you want to utilize the imagery in an intended way later on.
Scenario: Planning Your Shoot
You are organizing a shoot. You book a location or studio. Then research a freelance model, communicate with her via email and/or phone. In the end you have a deal and all conditions are finalized in written form (most commonly in an email). You probably rent some additional gear and so forth…
In short, you spend an amount of time and money in organizing the shoot and then some more after its execution. Even if you have a setup where no hard cash is involved at all (you shoot at a free place, model works for free etc) – time is money. And both parties will have legal rights (+ duties) regarding the outcome.
It’s Not About Working “Commercially”
Not each of our shoots has a commercial background. Sometimes it’s “just” a shoot for expanding the portfolio, elaborating a new style or living-out an art project. Whatsoever …- Every single shoot/project should be accompanied by the correct, legal paper work!
Whatever your (publishing) goal of a shoot might be, you need a signed contract to be on the safe side.
Portfolio usage, framing for an exhibition, blog post illustration, editorial work (lucky you!) – these are all kind of publishing forms.
Provide a Contract Copy Before Closing the Model-Deal
Make one thing sure and clear from the beginning whilst being in the deal-closing process with your subject: get her a digital copy of the yet-to-sign contract in the negotiation process. The model has the right to see the contract paragraphs your mutual deal will be based upon. She needs the peace of mind that everything looks right. And you certainly will NOT change any of the contract’s content and present her with a modified version at the actual shoot later on!
Different Type of Model Release: Sign One Every time!
As said above, your shoot may not be a commercial one. It’s probably a TFP based one. Whatever your mutual agreement is based upon, there’s always a proper type of release for it. I can’t talk about all the various forms here but I want to urge you to always sign a release form with your model!
Now, first of all we are shooting (implied) nudes, right? Means 18+ (or older, depending on country & state) at the date of the shoot – you have to be able to provide such proof upon request. Further, times are changing. After a few years your model gets married and she wants to forget about the photos. But you have publishing rights and you’re just preparing your first printed book/gallery exhibition. If you have a contract, she can’t prohibit anything (it’s then up to you to decide how generous you want to be…).
Whatever scenario you might possibly think of: It likely will happen. Remember: A solid contract is for the bad times. Not the good ones.
Mugshot Needed! Securing Your Investment
It’s the ultimate proof that the model
- is aware of the contract’s content (agreement)
- signed the contract in person on the production day
- is at least 18 years old at the day of the shoot (government or state-issued document with photo qualifies as ID proof).
My Best Practice: Doing Legal Stuff at the END of a Shoot
Despite what other sources might suggest, I let the model sign the agreed contract at the very end of the shoot if I work with a freelance model (no agency involved). More precisely, when I am handing over the money and doing the ID shots.
It’s a psychological thing. Sometimes when working with new faces or models I never worked before, I just want to make sure that they properly perform the work/poses/concept/hours according to the deal we made.
If I let them sign the contract upfront, they get the feeling that half of the production is already done. Without lifting a finger (except for showing up, but it’s about her money, right?).
It would be even less productive to hand over the fee right at the beginning. Complications would be kind of inevitable. The model has a bad mood/is not giving her best efforts because she got the cash already… – not a great atmosphere to work in, let alone the horrible results it would produce.
I am not using this process to force my models to never-ending, limitless, impossible posing performances (that would be very contra-productive for my reputation anyway). From my point of view, I simply ask for what we agreed on but I make sure the subject is motivated to fulfill her part, too. Here in Prague this procedure is pretty standard.
As usual, there are variations and circumstances where the process varies. Example: Sometimes I want to work with a freelance talent from abroad. If she has to travel to Prague, I certainly have to prepay the travel costs (and accommodation). Nonetheless, I pay the actual modeling fee at the end of a shoot.
Example: ID Shot & Paper Work at the End of a Glam Shoot
- After I finish shooting, I let the model get dressed and transform back into her normal look.
- Once ready, the model fills out the model release and signs that paper together with me, the photographer.
- Then we produce the actual ID shot which is very important for me in case I have to prove that the talent was of legal age on the actual shooting date. In the Czech Republic, this means she has to be at least 18 years old.
Further, I can prove that the signature on the contract matches with the one on the ID (if somebody requests it).
- The talent holds her ID, passport or driver’s license together with the signed contract into the lens. Having both – the official document and the contract – proves that the signed contract was created on the day we shot and that it belongs to this project. That’s it.
- After this process, I hand over the money and we are officially done with the production.
- Important! I close the production day by thanking my model for her efforts, always making sure to be leaving on a positive note!
- You both performed a shoot with effort.
- You and the model have signed & proven rights in form of a contract.
- The model got paid out in cash.
- Everybody is happy 🙂
Getty Images Resources: Being on the Safe Side
Getty Images is not known for their nude, glamour, boudoir and any adult niche photography at all. Yet, if you operate your legal work basics along the recommendation and templates they provide, you can be pretty sure to be on the safe side. Getty Images is a rock-solid starting point.
Here are the most important links to get started:
- Release Tip Sheet
- Getty Image Releases Overview & Links
More Insights: Photo Shoot Production Blueprint
Finalizing the paper work, doing the ID shot, paying the model…that’s just a small part of a full-fledged photo production (yet a very important one). But there’s so much more.
Go behind-the-scenes and explore in a most comprehensive way how a photo production is set up and executed. This code of practice applies to any scale of a shoot.
In my guide you also find my tailored model release and many other helpful checklists.