This article is written for those I may except a TFCD from craigslist.org or any other form of advertisement!
You the customer (for model, potential model, Bride/Groom, or person etc) looking to have photographic work done for you, in the form of a headshot, portrait, wedding ceremony, wedding reception, or any other type of events do not have rights to the photos taken. I see Post/Ads on craigslist.org of people not only looking for TFP or TFCD (Time For PRINT or Time For CD), which both represent a FREE Photo session work. What gets me is that most of you try to use the “Rights” of the photos as a bargaining tool by stating you will grand to a Photographer the right to use them in their portfolio. A Photographer (The Creator) does not need your permission to use any photographs they created to use in their portfolio or promotional materials. New Flash People!!! Under the Copyright Laws, the Artist/Creator (in this case The Photographer) retains all rights to any work they create!!!! Do not take my word…research it yourself. Here I will make it easy for you. Under the main screen “Law and Policy”, “Copyright Law”, “Chapter 2: Copyright Ownership and Transfer”, section 201 http://www.copyright.gov/title17/ § 201 · Ownership of copyright1 (a) Initial Ownership.--Copyright in a work protected under this title vests initially in the author or authors of the work. The authors of a joint work are co-owners of copyright in the work. Just in case you have no idea what the above section means; It states that the Initial Ownership under the work protected under this title vests (to devolve You DO NOT own the rights to any photos shot of you by any PHOTOGRAPHER!! Let us keep it real here…most of you are looking for FREE, FREE work done when posting your ad on craigslist.org. So, what makes you think for one second if you have no rights to photos when it’s a PAID session, that a Free session would change the ownership of rights. Recap: You do not and can not grand rights to a photographer on photos you have NO RIGHTS to. You are hiring and/or commissioning a Photographer’s experience and skills in the field to create photos of you….that’s it. The rights of any photos created by a photographer are retained by that photographer. He or she is the only person who can grand/issue full or limited rights to the work they created….NOT YOU! Note: You do have the opportunity to obtain full rights of all the photos taken of you in any session. Although, it will cost a great deal to obtain ownership and as part of the deal the photographer will always retain the right to use such photos in his/her portfolio as well as using the photos for promotional purposes only. You as the subject/customer not owning the rights will only be able to use the photos taken of you for promotional use only! That means you do not have the right to sell any photos without written permission from the copyright owner. You also have to grant the photographer credit of set photo if it is published in print or web. This was an interesting post I read on Craigslist.org today. I thought it would be very helpful and informative to post on my blog.
"Many of the ads by Agencies violate a Florida state statue, so be careful: During the 2009 Legislative Session, the Florida Legislature passed House Bill 425, which became law on October 1, 2009. Beginning October 1, 2009, House Bill 425 requires all who do business under within the definition below to submit and obtain a Talent Agent License from the Florida Department of Business and Professional Regulation The Agents license number must be displayed in all forms of advertising. Failure to include the license number in advertising of any kind, including yellow page telephone directory advertising, will subject the licensee to any one or more of the following penalties under section 468.402(5), Florida Statutes: fine, probation, suspension or revocation of talent agency license in Florida. A "talent agency" means any person who, for compensation, engages in the occupation or business of procuring or attempting to procure engagements or any employment or placement of an artist, where the artist performs in his or her artistic capacity, including models. If an individual or agency does not have a Talent Agent License they must discontinue operation immediately and apply for a license. Failure to discontinue operation while their application is in process may result in license denial, penalty assessment, and/or criminal penalty pursuant to sections 468.413 and 455.228, Florida Statutes. Section 455.228(1), Florida Statutes, authorizes the Department of Business and Professional Regulation to “impose an administrative penalty not to exceed $5,000 per incident” for unlicensed practice as a talent agency. Section 468.413, Florida Statutes, states that operating without a license constitutes a felony of the third degree, punishable by up to five years in prison and a fine of up to $5,000. In addition to the remedy deemed appropriate by the court, the department may assess a penalty against the talent agency or any person in an amount not to exceed $1,000." As a warning to all models "Male or Female" alike, be aware of these management/agencies working in the State of Florida. Ask them for their Talent Agent License number, if they provide such a license number...check them out with the township county clerks office before signing any contracts. If they beat around the bush or just not provide one, than you know they are operating their business without a license. Seize from doing business with such a company. Good luck! Steven.... Here are a few helpful hints to prepare for your photo shoot.
1. One should avoid the sun bathing for at least two days before the session. 2. Avoid cutting your hair a week before your photo shoot. 3. Rest before your shoot, this means no parties a day before your shoot and avoid drinking alcohol. When indulging in these activities with show in your photos. 4. Drink allot of water 2 days before your shoot. Water will replenish your skin bringing out a vibrant look 5. Prepare your wardrobe, makeup kit and/or whatever you plan to bring to your shoot in advance. This avoid panic the day of your shoot. 6. Always arrive to your shoot early....best practice would be 15-20 minutes ahead of schedule. This will allow any last minute changes to go smooth. It also allow you to collaborate on what you will wear and the type of shots that will be taken with the photographer, Remember your session is on a time frame and if you are paying for this session you don't cut into your session discussing wardrobe and makeup. 7. Most Important: If you need to cancel your shoot, do so at least a week before the schedule date. In some cases, it may be unavoidable to do so...so at least try several days. But do not cancel session on the same day or couple of hours before if you ever want to work with that photographer again. However, the exception to this rule is god for bid it's due to an emergency issue. Good luck! Steven Diaz When modeling in front of the camera one should not only rely on the poses he or she is doing. This is not the only major aspect involved when trying to achieve the right imagery. Your eyes and facial expressions play an important role here as well.
Here is a helpful excise for you to try if you're not doing it already. Our faces have many muscles that react whenever we cry, smile, frown, laugh, etc. I find it useful for models to stand in front of a mirror practicing the different expression to command a look at will. When trying this exercise have an image of the emotions in your mind, very important to get the look you want. In photography the eyes are the focus point to achieving the right emotion in a photograph. If the eyes does not project the correct emotion your face is displaying than you have not achieved your goal. Try to achieve the following goal in front of a mirror; while looking at yourself try to smile only using your eyes, your face should only show a blank express. This is one of the most difficult expression to accomplish. Once you do...than you can control and command any expression in a photo shoot. Good Luck! Another very good idea, while looking through fashion magazines for different poses, also look at the eyes and facial expressions of the model on that page. Try to copy them in front of a mirror. Good luck! Steven Diaz I wanted to take this opportunity to post my first short blog by thanking you for visiting my website.
I hope your visit on the site was pleasant and you enjoyed my blogs. If you would like to comment on any blog just click the word above "Comments", a form will appear for you. Have a wonderful day! Steven... |