Not totally photo related, not just a journal. A bit of both.

Wednesday, May 21, 2008

Usage of TFP images

[begin long rant]
This post is for the models which I have worked with on portfolio building over the past few years (either their ports or mine), also known as Time for Print/Pictures (TFP) or Time for CD (TFCD)... This does not necessarily apply to anyone who has hired me for photos or others that I have had one on one arrangements for a particular shoot or shoots.

The images I have taken of TFP models have been, unless otherwise specifically indicated, for portfolio/personal photo related reasons only. Potential usage includes, but are not limited to, blogs/personal web sites, Facebook, Model Mayhem, Myspace, DA, LFE, OMP, Flickr, and other personal photo sharing websites, or for inclusion in a printed portfolio 'book'.

If an individual or company expresses interest in purchasing or using an image or images of mine in which you appear, or it is your intent is to circulate any images I have shot of you to web sites, magazines, or other print media for covers or inside content (including articles/editorials or for inclusion in an advertisement/contest/banners for the site/magazine etc.), or to be used commercially in any electronic or print manner, you *must* let me know prior to doing that. This is so I can clear it, and it will require in most cases a contract/release between myself and the magazine, for example, which will specifically detail the usage and the rights being purchased.

What it boils down to is you can't resell/re-use my images for something else other than their original intent.

They are, after all, my images. While you appear in them, I hold the copyright to them, and should be compensated for my work accordingly if there is to be a commercial or monetary outcome to their usage beyond portfolio/personal web sites. This would also include contests if the winning photograph would win a prize of any sort. ( An exemption to this which I am totally fine with, would be something like one of Dana Brushette's monthly contests on Face Book - but you should tag me in the image, and or provide credit as appropriate.)

That last point stems out of my writing out a wedding photography contract over the past couple of days. I read somewhere that it is not uncommon for brides/mothers-in-law to send in images from the weddings to bridal magazines for publication and a chance to win a trip somewhere. Technically, unless specifically allowed, the bride doesn't own the images, and could not legally submit them. And any prize won should go to the photographer. At least one photographer in the US has sued the bride/groom for the cost of the prize won.

Now, I have no need to go to that length with anyone, but I would certainly contact the web site/magazine/company etc after I discovered the usage and follow up with them accordingly. And that person would certainly not be working with me again. And that person would possibly be looked upon warily by other photographers if and when word got around that they could be used.

So, before something happens that both parties would regret, I just wanted to be clear what my position is.

On a more positive note, if someone contacts me wanting to use one of the images I have shot of a TFP model (or anyone) for something commercial, or if someone wants to purchase a print from me in which a subject appears, I would clear it and get a release from the subject first. And if they said no, then that's the end of it. I really am not in this to piss people off.

Lastly, while I am under no obligation to do so, I am publicly saying I would also give a percentage of any sale to the model. I did this most recently with an image to be used as the basis of a movie poster. And I am completely fine with sharing in my success in the future. :)

So essentially, this is not a free photography service. I am not using you, so you don't use me.

[/end long rant]


Mike Wood Photography

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