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Everyone should have an understanding of copyright law as it relates
to the photographer. Copyright is best explained if you begin with the
suffix first—Right. Who has the RIGHT to copy or reproduce the photographers
work after he/she has created it. Honestly? Only the photographer unless
and until’ he gives that permission to some other entity (i.e. magazine,
ad agency client i.e. Budweiser, a record company or you).
Those rights are given sparingly unless huge sums of money are paid. However,
in a testing situation where everyone is donating his or her time or being
paid very little, the photographer should give those rights to his hair,
makeup and styling people freely. If a photographer will not give you
the necessary permissions, WATCH OUT! Basic rights for presentation and
self-promotion should not be withheld maliciously.
For example when New York photographer, Nigel Parry shot the “When
Style Becomes The Star ”photo shoot for 1stHOLD we were only given
certain rights to those photos. We could use them for that cover, and
to promote the issue in print and on the web. When the new issue of the
magazine comes out, we have to send all the film back to Nigel to do with
as he sees fit because he OWNS the film.I could get it, if I could afford
it.
If you read Photo District News as I do then you know that photographers
always seem to be embroiled in defending their copy- right against much
bigger corporate entities who publish images without the appropriate
rights or having paid for them. Copyright or the Right to Reproduce is
very serious business. Which brings me to you, the freelance hair, makeup
or fashion stylist.
Copying a photographer ’s pictures from a test has turned into a
hassle. Artists must determine which copy centers will allow them to copy
the photograph without questioning
who owns the copyright.
At a recent “Packaging Your Portfolio” workshop in New York,even
our panelist, well known photographer Matthew Jordan Smith (a photographer
who wouldn’t think of withholding an artists right to include collaborative
work in their portfolio)wasn’t aware that some stylists were having
issues photocopying images at local print shops. And the trend is growing
as print shops brace to protect themselves against the possibility of
a lawsuit for copyright infringement.
The key to eliminating this problem is paperwork. A simple paragraph or
two explaining the rights you are being granted by the photographer will
save everyone involved from the headache of being denied the opportunity
to improve their book because they can t make a copy, can’t get the
photographer on the phone or worse, he’s moved and has no forwarding
phone number.
Begin by assessing the rights you need to present and promote yourself
prior to and during representation by an agency.
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Presentation = Portfolio, Reel, Website
Promotion = Promo (Comp/ZED) Card, Website, Creative Directory (ex:
Workbook) &
Other Advertising, Editorial (Magazines)
Representation = Agents Promo (Comp) Cards, Website, Creative Directory
(ex: Alternative Pick/Workbook) & Other
Advertising.
Public Relations = Articles featuring you and/or your work.
Quite simply, you want to be able to:
1. Copy the image(s) for your book or reel,
2. Use the image(s) on your promo (comp) card and/or your agents
cards,
3. Display the image(s) on your website and/or your agents website,
4. Place the image(s) in creative directories and/or other vehicles
you and/or your agent decide to advertise in.
5. Place the work with full credits in trade/con-sumer publications
which might be interest-ed in using it as an illustration for you
in an editorial format. This last one will cover you in the event
that a magazine editor likes the photo enough to want to use it
to illustrate a story they are doing that will feature you as an
artist.
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That’s a lot more valuable than just a name and symbol anyway.
What should the paragraph say that you need the photographer to sign?
Here ’s one to copy and present or adapt to your own specific needs.
Another issue that should be addressed up front is the placement and size
of the copyright symbol that the photographer will more than likely want
affixed to his/her work.
The other day I was looking at someone ’s website and the photographer
’s copyright symbol was so large on the artist’s picture that
it was distracting. The copyright symbol should not be ON the work but
to the left or right side in a font size not to exceed 9pt.And quite frankly
7-8pts is adequate.
If it ’s for your website, and size and placement becomes an issue,
negotiate with the photographer. Offer to place a hyperlink on your site
that would allow a prospective client or artist interested in working
with him/her to contact them by e-mail or to visit their site.
AGREEMENT
I ________________grant to________________permission to copy and/or print
my work and use in perpetuity for the following purposes; to displayas
prints in his/her portfolio, to be printed on his/her promotional piece(s)
(a.k.a.promo cards, zed cards, comp cards, business cards), to be placed
on his/her web-
site and in trade and/or consumer magazines that wish to use the photographs
to illustrate a story in which he/she is being featured. This grant of
rights is also extended to the artist’s agency of record.
The artist will affix my copyright on a label on the back of the prints
in his/her portfolio. When used on promotional or advertising materials
or the artist’s website, the copyright will be placed in a strategic
position at the left or right of the image in an appropriate and readable
font size between 7pts.and 9pts.
__________________________________
SIGN
__________________________________
PRINT
__________________________________
DATE
__________________________________
PHONE
This article was written by Crystal Wright, President of
The Crystal Agency, and Author of The
Hair, Makeup & Styling Career Guide. A
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