Legal Issues with Open Photoshoots

Parkwood Photography Studios, used with permission

Last week, I went to an open photoshoot/happy hour at Parkwood Studios. (They have a gorgeous space!) It’s a free monthly event for photographers and models of all skill levels and experience. There was an area set up with lights where anyone could model and shoot photos. The purpose is to give everyone an introductory experience working with a model in a studio environment. There was not a model release or TFP agreement for this event.

I went to this to network and to model. As a lawyer, I knew what I was getting into in regards to copyright and image rights. Of course, my analytical brain couldn’t stop strategizing what I’d do to integrate legal protection and information without disturbing the spirit of the event.

Who’s At Risk, Who’s Protected
There are three groups who should be interested in protecting themselves at an open shoot: the models, the photographers, and the studio. If I represented a studio that hosted an open shoot, I’d recommend having a release that states the studio is not responsible for anyone’s behavior. If there’s a dispute between a model and a photographer, that’s an issue to be resolved between the two of them.

One of my images from the open shoot. I look like a action hero.

Model Release and Copyright Notice
Even in the photography/modeling industry, a lot of people do not understand copyright and image rights. In an open photo shoot, the model and photographer exchange their time, talents, and the opportunity to practice their respective crafts. Unless stated otherwise in a written agreement, whomever took the photo owns the copyright.

The expectation at these events is that photographers and models exchange contact information so the photographer can share images with them, and that the models are allowed to put the images in their portfolios or share on social media. I suspect the studio would also want a license to the use any images taken at the event that they receive or that are posted to their social media to promote future events or the studio.

No Guarantees
The one of the complaint I heard from past events is models saying a photographers who took photos of them never sent any images. While that is poor form, the only way I can think to legally work around this is to have a “no guarantee” clause. There’s no guarantee the photographer will send the model photos and there’s no guarantee the photographer will get the shot they want.

Code of Conduct
Since this is an event for all experience levels – including fledglings – I recommend having a code of conduct that applies to everyone and the studio’s equipment. This would include basic things like “Always ask permission before touching a model,” “Don’t touch the lights or any equipment that’s not set up for use at this shoot,” “Give constructive feedback,” and “Be respectful – we’re all here to learn and have fun.” A lot of these are common sense, but it’s good to state the obvious for people for whom it might be their first time shooting in this type of environment.

For studios like Parkwood that host regular events, I suggest creating reusable poster-sized copies of the rules and release and put it on the door leading to the photoshoot area with a notice that says by entering the room, you agree to these expectations. For anyone who wants to shoot photos or model, put a clipboard with a dated copy of the agreement and a signature page where everyone must agree to the rules before they’re allowed to participate. This serves multiple purposes:

  • It gives photographers and models experience with reading and signing these agreements.
  • It creates expectations and helps avoid conflict for all involved.

I get questions every day about photography, image rights, and copyright. For anyone who works as a photographer or model, it’s imperative that you understand these topics. Many disputes can be avoided with well-written contracts and accurate information. I’m constantly doing work in this area, so if you want to keep up with what I’m doing or if you need help, you can contact me directly or connect with me on TwitterFacebookYouTube, or LinkedIn. You can also get access to more exclusive content that is available only to people on my mailing list, by subscribing here.

Model Release for TFP Photo Shoots

Photo by Joseph Abbruscato, Used with Permission

Photo by Joseph Abbruscato, Used with Permission

Earlier this month, I had the pleasure of participating in an open photo shoot at a junkyard in Wittmann, Arizona. Dozens of photographers and models converged on this location to shoot around all day in and on the various broken down vehicles and other surroundings. It was a great event to meet other of photographers and models, and to work with the unique aspects of this setting.

As we entered the junkyard, there were 2 large neon green handwritten poster boards that reminded us that we were entering at our own risk, cameras were in use, and that our picture may be taken without our knowledge. Additionally, they said “If you do something stupid we know where to bury you” and “Don’t do anything you don’t want your mom to know about.”

These signs were brilliant and hilarious, but incomplete given that this notice was the closest thing we had to a model release for this event. As a model, I knew what I was getting into; but as a lawyer, it made me cringe.

Photo by Bob Johnson, Used with Permission

Photo by Bob Johnson, Used with Permission

What is TFP?
This was a TFP photo shoot – Trade For Photos or Time For Pictures depending on your definition. As I understand it, this means it was an open and free event where models and photographers could meet, shoot, and without any money changing hands. After the event, both sides will have had the experience, and the model will get images.

This particular photo shoot was announced as a TFP photo shoot on Facebook without any additional documentation. Without a written contract to the contrary, the photographers are the copyright holder’s to every image they created that day. The models have no copyright rights to the work, not even a license to use the images in their portfolio unless they get that permission from the photographer. Since the models didn’t sign a model release, the photographers can’t sell any of the images they created without risking violating the models’ right to publicity.

Writing a Simple Model Release
An effective model release does not have to be long, complicated, or filled with legalese. It can be a simple contract that everyone has to sign prior to entering the shoot that lays out the ground rules for the event. The model release should clearly state what rights the models give the photographers and with the photographers give the models in return – such as a license to use any image from the shoot in their portfolio or online with an attribution.

The release for this particular event probably should have included a liability waiver given that we were climbing in and on broken down vehicles and surrounded by broken glass and gagged metal. We all should have been required to sign off that we were responsible for our own actions and wouldn’t go after the owners of the junkyard or anybody present in the event that we fell or got tetanus.

I wrote a simple one-page model release for a swimming pool photo shoot last summer that every model and photographer had to sign with their contact information. This put everybody on the same page from the beginning of the event, including the acknowledgment of the “No Jerks” rule, and since everyone provided their contact information, it was easy for models and photographer to connect after the event.

The next time I see an invitation for an open TFP photo shoot, perhaps I should offer to write a simple release for the event, especially if I’m going to be a model there. If you have a question about copyright, model releases, or photography rights, please contact me directly or connect with me on TwitterFacebookYouTube, or LinkedIn.