Rights of a TFCD photographer


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KSeet

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#1
Hi all,

If a photographer does not ask the model to sign a model release form, does he lose all the inherent rights related to a TFCD shoot or are the rights considered implied rights, even without the form?

Thanks!
 

catchlights

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Sep 27, 2004
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#2
unless it is a commissioned assignment (paid job, in money or other means), the photographer own the rights of the images, he/she can use it anyways he/she likes. with or without model release form.

the purpose and use of model release form, read here, Model release - Wikipedia, the free encyclopedia
 

night86mare

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#3
ts, what are you looking for here? that is my question?

vindication? people to agree with you? if it is either of this two, does it serve any positive purpose?
 

KSeet

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#4
ts, what are you looking for here? that is my question?

vindication? people to agree with you? if it is either of this two, does it serve any positive purpose?
I get what you mean.

I'll keep to the topic.

To summarise why you asked me this, I related my experience and am looking for advice to know where I went wrong and what I should do to avoid the described situation. I have deleted the descriptive posts and would like to just keep to the topic.
 

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KSeet

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#5
unless it is a commissioned assignment (paid job, in money or other means), the photographer own the rights of the images, he/she can use it anyways he/she likes. with or without model release form.

the purpose and use of model release form, read here, Model release - Wikipedia, the free encyclopedia
So uploading on any platform for critique or promotion is a right of the photographer? How about the model involved? Do they have the right to publish the image if the photographer does not approve? Can they tell the photographer where they want or do not want the images to be published?
 

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catchlights

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#6
So uploading on any platform for critique or promotion is a right of the photographer? How about the model involved? Do they have the right to publish the image if the photographer does not approve? Can they tell the photographer where they want or do not want the images to be published?
since it is co-act project, both party co-own the rights, best is spell out every details before to shoot or be shot, if don't have mutual trust and understanding between both parties, better put it in black and white.
 

Rashkae

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#8
So uploading on any platform for critique or promotion is a right of the photographer? How about the model involved? Do they have the right to publish the image if the photographer does not approve? Can they tell the photographer where they want or do not want the images to be published?
In most cases, a TFCD basically means "Let me shoot you in exchange for pictures. You get a CD full of pictures that you can use, and I get practice and pictures I can use".

If you want the rights to be more limited, it's best spelled out in writing. If not, it's basically understood that both of you own the pics, and can do with them what you want.
 

KSeet

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#9
Ok. So the general agreed opinion here is that both photographer and model own the rights to the photos of a TFCD shoot and are free to utilise them reasonably.

How about processed photos? Do they only belong to the photographer if the photographer spent time and effort on processing the photo, until given to the model for her collection?
 

Rashkae

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Nov 28, 2005
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#10
Ok. So the general agreed opinion here is that both photographer and model own the rights to the photos of a TFCD shoot and are free to utilise them reasonably.

How about processed photos? Do they only belong to the photographer if the photographer spent time and effort on processing the photo, until given to the model for her collection?
Depends on you and the model... I'll usually only pass her the processed photos.
 

Snoweagle

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Jan 26, 2005
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#15
Straightaway write the CD ah. Ok. That's another way of doing things. :) Thanks!
Yeah. My friend organise, i go and do the shoot, then after that just pass them the CD. No need any model release form unless u wish to use and publish their photos or have any job assignments for them.

Else, it's just like that.
 

Snoweagle

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#16
I usually send a link to the photos, easier for both parties. :)
I used to place the photo folder in MSN then let them go download. Ever since the latest MSN 2009, they've removed the folder sharing option. Now have to do it online but troublesome.
 

Anson

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#17
I used to place the photo folder in MSN then let them go download. Ever since the latest MSN 2009, they've removed the folder sharing option. Now have to do it online but troublesome.
I normally use a service similar to FTP to send the link over. After sometime the files would be automatically deleted as well. To me it works better. :)
 

Snoweagle

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#18
I normally use a service similar to FTP to send the link over. After sometime the files would be automatically deleted as well. To me it works better. :)
I dun quite like it cos sometimes u leave there the model will forget sometimes and after a while, no more liao.
 

Anson

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#20
I dun quite like it cos sometimes u leave there the model will forget sometimes and after a while, no more liao.
Normally they don't forgot, it's after all their photos and they are often more eager to see it themselves. I always include a clause asking them if they want a CD instead, let me know before when.

I think it make lives easier for both parties, unless you want to see the model again (for various reason).
 

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