Offering free photo shoots in exchange for portfolio -- contract ideas?

[laura2]

<p>I set up an advertising campaign locally offering photo shoots to individuals for free as a "Grand Opening Special." I also stated on my website FAQ that I was able to offer these for totally free in return for being able to use the images.</p>

<p>I got BOMBED with responses -- I can really choose who I want to work with here! However, I want to make sure that I cover my behind, especially after the senior photo snafu I posted about a couple weeks ago. (I resolved that peaceably but I do not wish to ever have that happen ever again.)</p>

<p>My goal is to offer a free shoot with a free set of retouched prints and a digital CD of the processed shots. In return, I would like to use the pictures on my online portfolio.</p>

<p>I need to have a contract done by next week, which doesn't give me enough time to get the ASMP book, compile a contract, and have it printed up. I live in a small city where I have been lucky that the local B+N even has technical professional photography books.</p>

<ul>

<li>Are there online resources for finding contracts that I can download/view and cobble together my own custom contract?</li>

<li>From personal experiences, would anyone suggest a specific clause to put in my contract?</li>

<li>Should I just say "screw it" and hire a lawyer?</li>

</ul>

 

[btmuir]

<p>Just have them sign a standard model release.</p>

<p>This states that for consideration (prints/CD) that you provide them, you can basically do anything with the photos.</p>

<p>Google, they're all over the place.</p>

<p>If you posted this offer on the internet, don't be surprised when 90% don't show.</p>

[laura2]

<p>Oh I did a "feedback" where they had to fill out a bunch of questions. I have personal contact details, info about the subjects and what they want, etc. It's not like a "hey, show up here for a photo shoot!" deal. Thanks for your response and the heads up! :)</p>

[btmuir]

<p>If you are in a small town you'll probably have a better turnout.<br>

Here's the ASMP form and tutorial</p>

<p>http://www.asmp.org/tutorials/adults-model-release.html</p>

<p>Good luck.</p>

[john_h.1]

<p><em>I want to make sure that I cover my behind, especially after the... ...snafu I posted about... ...I do not wish to ever have that happen ever again...</em><br /><em></em><br />Laura,you will not be able to achieve these goals and run your business in a professional manner unless you 1) secure the legal knowledge and documents that affect your business activities BEFORE you engage in those activities which is the opposite of what you did here and 2) DO NOT use Google and internet forums to obtain legal documents. There are recent threads illustrating how unreliable and error prone they are. (See the post you "posted about" which references such examples). Use an attorney for your legal needs. (I believe ASMP's documents are lawyer drafted so there's a better chance that they are suitable in particular states.)</p>

<p>Its better safe than sorry.</p>

[laura2]

<p>Thanks very much.</p>

[john_macpherson]

<p>And be aware that once the images are out of your hands (on disc) you have no control over them, so if a family member decides to use them without the permission of your subject, and the subject gets really pi**ed off, make sure you have some enforceable legal disclaimer that keeps you (an easy target) out of the mire in any subsequent spats. There have been some spectacular flickr and facebook ding-dongs over these things - make certain your backside is covered.</p>

[laura2]

<p><em>And be aware that once the images are out of your hands (on disc) you have no control over them, so if a family member decides to use them without the permission of your subject, and the subject gets really pi**ed off, make sure you have some enforceable legal disclaimer that keeps you (an easy target) out of the mire in any subsequent spats. There have been some spectacular flickr and facebook ding-dongs over these things - make certain your backside is covered.</em><br>

<em></em><br>

I'm a little confused by this -- can you give a scenario example?</p>

[john_macpherson]

<p>I just did. :-)</p>

<p>If someone OTHER than the client you give them to gains access to them WITHOUT PERMISSION (from the client) - and uses them for something contentious then the client has two options if they wish legal redress - they tackle you (whom they know FOR SURE has access to their images and MIGHT have done it) or they tackle the person who HAS taken the images but who may perhaps have done this without their knowledge. That puts you in a difficult situation.</p>

<p>Stuff like this has happened several time and there was a long thread on here some time ago about an image posted to Flickr without the subjects permission by one of her friends who had access to the images, and which was used for an ad campaign by a third party (telecoms giant Vodafone) who lifted it from Flickr. Vodafone correctly accepted they could use it without any problems, but the issue was that the subject was under age and consent should have been obtained from the parents. The person who posted the image did not think of this, and also allowed 'any usage' by Flickr users, which is why Vodafone grabbed it.</p>

<p>The woman in the photo was seriously aggrieved as she perceived the text on the image of her in the ad Vodafone posted all over billboards had racial overtones and demeaned her and wanted to take legal action against Vodafone. Last I heard the legal action was being suggested as being more likely against her friend who posted it, as Vodafone had accepted the terms accompanying the image on Flickr, but which were obviously wrong - but were legaly the responsibility of the poster.</p>

<p>I have no idea how this turned out, but the bottom line is it was a legal mess that cost everyone and probably only benefited the lawyers.</p>

<p>So YOU protect yourself against this by having a disclaimer in your contract that absolves you should any legal action arise from your clients use of the image, OR BY ANY THIRD PARTY WHO GAINS ACCESS TO THE IMAGES through the client. If you want an example of this sort of disclaimer look at any major photo competition by big name companies (which are also rights grabs). They want good images which they will keep to use for various things without payment to you, but they demand that you sign various disclaimers that absolve them of ANY liability should a third party take offence.</p>

<p>Hope this helps?</p>

[laura2]

<p>I remember that story. They took that picture of that high school girl in Texas and used it in Australia....she was Asian and they made her look like a stereotype. And the photo was snapped by someone at her Church Youth Group and posted online.</p>

<p>I get what you're saying now. So it's like if I do someone's maternity/newborn shots, and she posts them on MySpace, but they're also on my portfolio online, and the new mother's husband's jealous ex goes manipulating them or using them to defame her, they can accuse ME of releasing them to said jealous ex. I get it now.</p>

<p>How twisted we have gotten as a society in the digital age! Thank you for pointing that out!</p>

[aimee_pieters]

<p>Laura,<br>

Just a kind word of advice in general. You seem to jump into things without doing your homework, then look for advice to keep yourself out of trouble. It doesn't sound like you even have your offer finalized, yet you've put it out there. Ask on the forum and you will receive replies with scenarios you may have never thought of. <br>

Take your time and do your research first; it'll save you lots of back-peddaling....-Aimee</p>