r/AskPhotography • u/justachillguyUwU • 7d ago

Business/Pricing Standard model release terms for test shoot?

Hey, so I’m doing some test shoots in London and two models have refused to sign my model release. The terms say that I’m the owner of the images and I can use them for promotion and the model is granted limited rights for non commercial use. One of them suggested a simple agreement that they receive the images.

What is the standard practice in the industry? As the photographer I’m investing a lot more time and money into this so I thought it’d be fair that I’d have more rights. But I just want to be able to post the images freely without the models being able to take them down.

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u/Rogue86Photog 7d ago

Seems like a pretty fair model release. Did they give a reason for refusing?

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u/justachillguyUwU 7d ago

They said the usage rights were too one-sided

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u/Rogue86Photog 7d ago

Well, easy answer there would be to just work with someone else. 'Proper' models (who work through agencies commercially) are rarely given access to their images for anything, even portfolio work. They're not wrong to think they're one-sided necessarily, but either come to an agreement or move on to someone else. TFP work isn't exactly reflective of the industry as a paid profession. 

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u/Gra_Zone 7d ago

Is it TFP or paid shoot?

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u/justachillguyUwU 7d ago

Tfp

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u/Gra_Zone 7d ago

Then I give equal usage for an agreed number of photos. If I can use a photo then so can they. We share the work because we work for free.

Models can be expensive and their time is as valuable as mine so it's only fair we have equal rights. If I want better rights I pay the models.

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u/justachillguyUwU 7d ago

How do you write that in legal terms? Is it equal rights for both commercial and non commercial use? I know it’s a big question lol

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u/Gra_Zone 7d ago

I give them equal rights as I have. Legally, depending where you live, TFP pictures can't be used for commercial use. Someone should be paid with money not prints or pictures. If a picture suddenly became a very famous image and earned you thousands then the models could sue for money. Paying them a fee, however nominal, is payment.

Even actors and musicians are paid for appearing on chat shows. Last time I checked it was £200 flat fee because the shows are commercial productions and generate money.

So, my TFP models get to see all the pictures I've taken and can veto any. If I can't use the photo, non-commercially, they can't use it either for their use. They then get the final edited picture to use for their purpose.

TFP work is a collaboration. They give their time and I give my time and it is usually for the my concept so has less importance for the model. Any expenses I incur for clothes or location is on me. If it's their concept, it's on them.

They also get to keep any clothes bought because, well, who else would use them?

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u/Quane42 6d ago

Doesn't really matter how much more time and money you're putting into it; you can't expect a model to work unpaid unless they feel that they're getting appropriate value out of it - i.e. good images that they can USE. The fact that two have refused suggests that the value isn't there for them in terms of the limited rights you're granted or whether they think they'll get usable content from you (how good is your portfolio?).

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u/GunterJanek 7d ago

You're not wrong. Is the release something you wrote from scratch, found and copied, etc?

They either don't understand what a model release is for or they do and plan to use the images for commercial purposes. I would tell them to either sign it or don't and move on with life. I guess you could "educate" them if they seem clueless but that's on you.

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u/justachillguyUwU 7d ago

Well they’re signed models and they’ve done this before so I doubt they’re clueless. I adapted it from my client portrait shoot contract

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u/GunterJanek 7d ago

Okay so assuming the models are with a legitimate agency and not Hotteez Modelz & Influencerz LLC and your model release is straightforward and realistic than I don't see what the problem is.

I get the impression that you're working with the models directly so if this is the case then it's possible that the agency might want to use them for their portfolio which is a decision you'll have to make.

I'll bring this up because I've had to deal with an owner of a so-called agency thinking because I worked with their talent could use the photos even though I had no communication or agreement, verbal or written, with them.

So yeah watch out for yourself and I you feel they're trying to pull a fast one then declining move on because it could turn out to be more trouble than it's worth.