Langford’s Advanced Photography 7th Edition

15 LANGFORD’S ADVANCED PHOTOGRAPHY

Standard Release Form

Photographer: _____________________ Agency/Client: _______________________

Model/s: _________________________ Art Order No.: _______________________

Product: _________________________ Brand Name: ________________________

Date/s: __________________________ Hours Worked: _______________________

______________________________________________________________________________________

For valuable consideration received *I/we hereby grant the *photographer/agency/client, and any licensees or
assignees, the absolute right to use the photograph(s) and any other reproductions or adaptions, from the
above mentioned photographic shoot, but only for the product or brand name specified above, solely and
exclusively for:

Media ٗ Brochure
ٗ Advertising - national press ٗ Point of Sale
ٗ Advertising - trade press ٗ Inserts
ٗ Editorial - consumer press ٗ Poster _______________________ (specify)
ٗ Editorial - trade press ٗ Packaging
ٗ Editorial - national press ٗ Television/Cinema/Video
ٗ Catalogue ٗ Full library use
ٗ Test/personal/portfolio (not for commercial use)
ٗ Other _______________________ (specify)

Territory ٗ English language areas (book publishing)
ٗ UK ٗ Worldwide
ٗ Single EC country ____________ (specify) ٗ Other ___________________________ (specify)
ٗ Continental Europe
ٗ USA

Period of Use
ٗ One year
ٗ Two years
ٗ Other ____________________ (specify)

For specific restrictions/conditions/agreements see attached.
Electronic rights must be negotiated separately.
______________________________________________________________________________________

*I/We understand that the image shall be deemed to represent an imaginary person unless agreed otherwise,
in writing, by my agent or myself.

*I/We understand that I/we have no interest in the copyright, nor any moral rights, in the photograph.

**I am over 18 years of age.

Name of *model/model agency: (print) _________________________________

Signature of *model/model agency: __________________________ Date: ___________

**Parent/guardian or model agency must sign for models under 18 years of age.

______________________________________________________________________________________

In accepting the above release it is the responsibility of the *photographer/agency/client not to use or authorise
the use of the material except for the above media, territories and time periods. Further usage must be
negotiated and agreed beforehand, in writing, with the *model/model agency.

*Delete as appropriate
______________________________________________________________________________________

ISSUED IN 1995 BY THE ASSOCIATION OF PHOTOGRAPHERS LTD,
THE ASSOCIATION OF MODEL AGENTS AND THE INSTITUTE OF PRACTITIONERS IN ADVERTISING

Figure 15.3 Example of a Standard Model Release Form. (© Association of Photographers. This form is reproduced courtesy of the AOP
(UK), from Beyond the Lens, 3rd edition, www.the-aop.org).

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BUSINESS PRACTICE 15

Model release

Anyone who models for you for a commercial picture should be asked to sign a ‘model release’
form (see Figure 15.3). The form in fact absolves you from later claims to influence uses of the
picture. Clients usually insist that all recognizable people in advertising and promotional pictures
have given signed releases – whether against a fee or just for a tip. The exceptions are press and
documentary type shots where the people shown form a natural, integral part of the scene and
are not being used commercially.

After the shoot: sending work to the client

Once the shoot has been completed, what happens to the images will depend upon what you

have agreed with the client. It will also be based on what type of media you work in, either film

or digital. If you are using film, you may well need to send the originals to the client, unless they

only want prints. The risks in terms of loss of originals are obviously greater with film, as digital

images allow you to keep archived originals as well as sending them out. It is therefore

important that you make sure that images are insured while in transit. Often clients will want

printed contact sheets even if you are working digitally and this can be an opportunity to make a

selection of the better images and present them in an attractive manner. If producing film

originals, the client may want digitized versions as well. Offering image scanning as an

additional service can be an extra source of income, whether you have time to do this yourself,

or choose to get them scanned by a lab. For news images, it is possible that you will be sending

the finished images over the Internet. It is important in this case that you ensure that the images

are saved to the correct image dimensions, resolution and file format for the client. The way in

which you present your work, whether transparencies, film, contact sheets or digital images is

important: although they may not be the finished product, it helps to make you appear more

professional, which can be important in marketing yourself and obtaining more work. An

example of a selection sent out to a client is shown in Figure 15.4.

However you send your

images, whether electronically or

as hard copies, it is vital that you

protect yourself against loss or

damage to the images and also

against clients using them without

your permission. To do this you

need to include a delivery note

whenever you send images to

another party, which can be either

digital or hard copy. It should

include details of the client’s name,

address, contact name and phone

number/email, method of delivery,

Figure 15.4 The way in which originals and contact sheets are presented to a date of return and details of fees
client is important. Attractive presentation may help in both selling the images for lost or damaged images. The
and obtaining further work from the client and may be used as part of your number, type and specifics of the
self-promotion. Image © Ulrike Leyens (www.leyens.com). images should be described. Terms

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15 LANGFORD’S ADVANCED PHOTOGRAPHY

and conditions should be printed on the reverse and this clearly stated on the front of the note. It
should have a unique number to allow you to track and file it. You should also have a specific
statement regarding your policy about the storage or reproduction of the images without your
permission. By accepting the images with the delivery note, the client is agreeing to these terms.

Copyright

Be on your guard against agreements and contracts for particular jobs which take away
from you the copyright of the resulting pictures. This is important when it comes to
reprints, further use fees and general control over whom else may use a picture. If an
agreement permanently deprives you of potential extra sources of revenue – by surrender of
transparency or negative, for example – this should be reflected by an increased fee. Generally,
in most countries around the world, copyright automatically belongs to the author of a piece of
work, unless some written agreement states otherwise, therefore you will retain ownership
unless you choose to relinquish it. By including your terms and conditions with all
documentation and having a written contract, you are protecting your copyright. As owner of
the copyright of the image, you may choose what you do with it and you can prevent others
from reproducing it without your permission.

You can assign your copyright to someone else, in other words you choose to give it
up or sell it. What this means is that you will no longer have any rights to the image, any control
over how it is used and most importantly, you will no longer be able to make any money from it.
Bearing in mind that your back catalogue of images can potentially be an ongoing source of
income it is not wise to ever give up your copyright unless you have very good reason to.

It is much more common, however, to retain copyright and agree usage of the image. This is
in the form of a licence, which defines the reproduction rights of the client based on what they
have paid you. The licence will specify among other things: type of media e.g. printed page, web
page, all of Internet; length of time that the client may use the image; quantity of reproductions
(this may be approximate, but is generally an indicator of circulation); number of reproduced
editions; territory (this specifies the geographical area that it may be published in, for example,
Europe only or worldwide use). The licence may be exclusive, meaning that for its duration, you
may not sell the image on to anyone else and no other party may use it. It protects the interests
of the client and allows them to take legal action if anyone else infringes the copyright during
this period. This is quite common in press photography in particular. Once the duration of the
licence has ended, the client may no longer use it. If the licence was exclusive, then at the end of
its duration you will be free to sell the image on. You may choose to syndicate your image, in
other words sell it on to multiple magazines or newspapers, which can be very lucrative. The
client may, however, negotiate an extension or a further licence and will again pay a fee for this.
Before this you may continue to use it for self-promotion, in your portfolio or on your website,
but will be restricted from using it elsewhere.

There are some cases where you will have no choice but to give up your copyright, for example
if you are working as a staff photographer, where it is specified in your contract of employment.
Some of the large news agencies, such as Reuters or the Associated Press have also introduced
contracts where they own the copyright of images and you are just paid a day rate. If they choose
to use your images more than once, it may be possible to negotiate a deal for further fees.

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BUSINESS PRACTICE 15

Digital rights

Digital imaging has made enforcement of copyright more difficult, as images are much more
widely distributed and it is simple to make copies of digital images, download them and store
them on a computer. It is also easy to alter digital images with image processing software. Both
are infringements of the image copyright. You should ensure that your images on the web carry
copyright information, and that it easily visible. You may also choose to use some form of
watermarking or image security software. This may involve simply embedding copyright
information in the image, which will be visible if the image is downloaded, however many
watermarks can be removed; it may be something more sophisticated, which prevents the user
from copying or altering the image and identifies if an image has been tampered with. The issue
around image altering is an important one too. It is surprising how many people working in the
imaging industries are unaware that this is copyright infringement. It is quite common to find
that an image submitted to a news desk by the photographer is subsequently published with
significant alterations without his permission. This cannot be prevented, but you can protect
yourself legally by including a clear copyright statement about reproduction, making copies and
altering of the image whenever you send the image to anyone.

Marketing your business

Like any other service industry, professional photography needs energetic marketing if it is to
survive and flourish. The kind of sales promotion you need to use for a photographic business
which has no direct dealings with the public naturally differs from one which must compete in
the open market place. However, there are important common features to bear in mind too.

Your premises need to give the right impression to a potential client. The studio may be an old
warehouse or a high-street shop, but its appearance should suggest liveliness and imagination, not
indifference, decay or inefficiency. Decor and furnishings are important, and should reflect the
style of your business. Keep the place clean. Use equipment which looks professional and reliable.

Remember that you yourself need to project energy, enthusiasm and interest and skill and
reliability. Take similar care with anyone you hire as your assistant. On location arrive on time, in
professional looking transport containing efficiently packed equipment. If you want to be an
eccentric this will ensure you are remembered short term, but your work has to be that much
better to survive such an indulgence. Most clients are archconservatives at heart. It is a sounder
policy to be remembered for the quality of your pictures rather than for theatrical thrills thrown
in while performing.

During shooting give the impression that you know what you are about. Vital accessories
left behind, excessive fiddling with metres, equipment failures and a feeling of tension (quickly
communicated to others) give any assignment a kiss of death. Good preparation plus experience
and confidence in your equipment should permit a relaxed but competent approach. In the same
way, by adopting a firm and fair attitude when quoting your charges you will imply that these
have been established with care and that incidentally you are not a person who is open to
pressure. If fees are logically based on the cost of doing the job, discounts are clearly only
possible if short cuts can be made to your method of working.

The methods that you use to market your work and the way in which it is presented will
depend upon your field. But whatever area you work in, you will undoubtedly need a portfolio.

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In some cases this may be the only opportunity to make an impression on a potential client, as

you may be asked in some cases to leave your book with them and never get the chance to meet

them face-to-face. The images in your portfolio of course need to be relevant to the field you are

working in, both stylistically and in substance. It is also possible that you will need to change

them to suit the interests of different clients.

The content therefore needs to be carefully thought out and put together. The images must be

selected with care; they should be your best pieces of work and effectively represent the range of

your skills and abilities. You should not include everything: avoid duplication and streamline

where possible: a smaller more concise portfolio appears more professional than one that

contains every piece of work that you have done. It is also important that you include some recent

work. You should review your portfolio(s) every few months and update them where necessary.

You should aim for some sort of consistency in your images, for example, grouping them

according to type or content. They will look better if all presented in the same way wherever

possible, on the same type of paper, similar dimensions and the same method of mounting.

Paramount of course is the quality of the prints. It can be extremely useful to look at other people’s

portfolios to get an idea of different styles of presentation. Figure 15.5 shows some examples.

It is also useful to include examples of work that has been published, for example, page

layouts from magazines that include your images. If you have the opportunity to meet with

clients then you should make

sure that you talk them

through your images; this is a

good chance to put your

ideas and your enthusiasm

across.

If you are going to leave

your portfolio with a client,

include a delivery note: the

same rules apply as for

sending images, in terms of

protecting yourself against

loss or damage to your

images. You may want to

include other material as well,

particularly if you are not able

to actually meet with the

client. Giving them something

they can take away with them

will help to remind them of

you and your work; even if

they do not choose to use you

at this point, they may do so

in the future. This may be a

Figure 15.5 Presentation in portfolios. Images © Ulrike Leyens (www.leyens.com) and short CV or covering letter
Andre Pinkowski (www.onimage.co.uk). along with a business card.

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