Booking and Payment Terms:
A
non-refundable deposit of $50 is required to book a shoot. The rest of
the balance is due on the day of the shoot. You may transfer your
deposit and reschedule to a future shoot date only if notified at least
48 hours before the scheduled shoot time.
Hair/Makeup options:
Initial application: Hair & Makeup: $100 per person
Hair only or Makeup only: $50 per person
For hair/makeup stylist to work during shoot, an
additionsl $25 per hour is applied. (Recommended)
Photo Retouching :
Basic retouching: $25 per image
(approx. 30 minutes of work)
Advanced retouching: $50 per image
(approx. 60 minutes of work)
Image Usage Disclaimer
***ALL IMAGES ARE THE
COPYRIGHT-PROTECTED PROPERTY OF FEMI PHOTOGRAPHY
AND MAY NOT BE USED, IN WHOLE OR IN PART, DISTRIBUTED OR SOLD WITHOUT
THE EXPRESS WRITTEN PERMISSION OF THE ARTIST UNDER PENALTY OF LAW.***
Image produced by Femi Photography can be utilized for your self marketing and promotion on your personal websites only.
* I do not give out unedited, RAW files or all the images from the shoot. No exceptions. I will upload a set of digital proofs where you may pick some of the images you like and I will edit them. **
Understanding Copyright and Usage Terms
Rights, Releases and
Licenses
A
simple explanation of copyrights, model releases and usage licenses.
People
often make incorrect statements about ownership or usage of photos.
They say things like:
"It's my
face in the photo so I can do whatever I want with it."
"I paid for it so I own it and can sell it
to XYZ Magazine."
"I
took the picture so I can sell it to anyone I choose."
All
three statements are wrong. Why? Who can do what with a photo? Who
owns the photo? The photographer? The Model? Whoever paid money? There
are answers. They can be complicated and some people may be surprised to
hear the truth. Let's start with a few simple definitions and build on
that.
Copyright
The
right to control the display, reproduction or use of a photo, sound
recording, motion picture, work of art or intellectual property.
Model Release
A legal document
granting the right to use a model's likeness for a specific purpose.
Usage License
A legal document
granting someone other than the copyright owner permission to use a
photo for a specific purpose.
So what does all that mean? Let's
look at an oversimplified version of the process and how it applies to
photos. The photographer takes a picture and instantly becomes the
copyright owner. Even though he owns the copyright, he is limited in how
the photo can be used. The model signs a release granting the
photographer the right to use her likeness in connection with that
photo. Now the photographer may use the photo himself or grant a usage
license so the photo can be used by others, including the model.
Did
you notice that money was never mentioned? Money can purchase a
copyright, release or license but it doesn't determine ownership when
the image is created. The law determines initial ownership and clearly
assigns copyright to the person who creates the image. The photographer
operated the camera, therefore he created the image. There is one
prominent exception in the law that deals with 'works for hire'. This
comes into play when the photographer is employed by a company such as a
photo studio. In that case, the studio may own the copyright, not the
photographer. Simply paying a photographer does not invoke the work for
hire provision of the law. In order to create a work for hire situation,
the photographer must be an employee of a company or contracted
specifically to create a commissioned work. Both instances are
specifically defined by copyright law.
So the photo exists and
the copyright is owned by the photographer. Now what? The photo may be
used for editorial purposes with no further documentation. Editorial use
can include many things but the most common editorial use is by the
media for news worthy events, stories or commentary. Beyond that, use of
the photo is very limited. This is where a model release comes into
play. A model owns the rights to her likeness which means she can
control how an image, in which she can be identified, may be used. Two
basic types of model releases are commercial and non-commercial and they
are fairly self-explanatory. A commercial release grants the copyright
owner permission to sell the photo or license it for advertising or
commercial trade. A non-commercial release is used when the intent is to
limit the photo to non-commercial use such as for self-promotion or as
part of the photographers online portfolio.
Now that the
permissible use of the models likeness has been established, the
copyright owner may grant others permission to use the photo within the
terms and limits of the model release.
If the model or anyone else
wants to reproduce (print), display or use the photo, the copyright
owner provides a usage license which states exactly what may be done and
who may do it. A usage license often includes a limit on how long that
permission exists. It may also have provisions for exclusive use of a
photo, meaning that for a specified period of time the copyright owner
agrees not to license that photo to anyone else. Exclusive use is most
often granted for photos used in advertising to prevent a businesses
competitors from using the same image.
Please keep in mind that
this article only provides a very basic guideline for copyright, model
release and usage license issues. Copyright laws vary by country so the
information here may not apply if a photo was created outside the United
States. Certain states have laws which greatly limit or enhance a
model's right to publicity which regulate how a person's likeness may be
used in certain situations. Contract laws also vary by state which may
affect the specific requirements or wording of model releases or usage
licenses. You should consult a qualified attorney for advice on any
specific legal issue.
More information about US Copyright Law can
be found at www.copyright.gov.
Thank
You
Marcus Fizer
Femi Photography
