Professional photo published without a release being signed

[KatyMac]

DD models a bit and stepped in at short notice to a fashion/catwalk for a community group - they didnt get a release signed

2 months later DD appears on the front of a magazine - which is lovely!

But a)she would have rather known first & b) the release wasn't signed & c) she hasn't been fully credited

We think that it's lovely, we aren't too stressed by it (& DD will be more careful in future to get the release/contact signed) but is there any potential future fall-out of consequences we need to think about?

I can't think of any but I thought I'd better check

[GimbleInTheWabe]

Does she have an agent? If so I'd bring it up with them. If not then maybe you could call an agent to get some advice. Have you addressed this with the magazine and the group who obviously gave the magazine permission to use the photo? As I'm sure they'd want to know that they are breaching the rules here!

[KatyMac]

We have addressed it withthe group who are massively embarrassed and upset - it just slipped throught the net

She doesn't have a modelling agent - I suppose that is next we just got a commercials agent this week

We haven't brought it up with the magazine - not sure if we should

[GimbleInTheWabe]

So did the magazine use the catwalk image because they covered the fashion show as part of the magazine? Or have they bought the image to use as a 'fashion' shot and could potentially use it again?
If it's the first then I worry worry too much about any repercussions as I doubt they'll use the image again and the group should certainly not send out her image until they have the correct rights.
If it's the latter then it's down to the group to contact the magazine and get them to tell the magazine to cease to use the image as it is not allowed.

You could certainly raise this with DDs commercial agent though and I'm sure they'll have some advice. I work in a similar field and I ask my agent questions about work that she hasn't sourced me and she's always happy to advise me. Always remember that you are the agents client!

[KatyMac]

It is the first so we are probably find

DD was a bit upset about not being told about it - she got a FB message from a friend congratulating her on a front cover

But I think that was outweighed by the joy of being on the cover of a magazine!

She is doing another fashion show tomorrow and is going to ask for a release herself rather than wait to be offered one

Now I just need to decide what to do with it!

Her agent is very new to us (wed and no contract yet) so we are learning all the time!

[KatyMac]

Thanks for your help - it's a minefield and I'm not sure being 'mum' gives me the right mindset for this

Still horrified at how much work turns out to be unpaid or collaborative

[KatyMac]

she has had a written apology and a promise they won't use it again without asking

Fair enough I suppose

[GimbleInTheWabe]

Glad it got resolved @KatyMac and DD will double check next time.
My baby DS is signed to an agency and all the licensing etc is so confusing!

As to doing work that is 'great for your portfolio' or 'we'll provide lunch' I'd suggest to avoid like the plague. In my experience they've always been the worst people to work for and never worth my time or effort. Hold out for the good work and know your worth!

[KatyMac]

She is getting braver! She negotiated a "for free" video today up to 4-5 hrs for £55

She has had another enquiry and has to create a fee schedule to send....

She has more experience modelling but more training dancing so it's hard equating them

[GimbleInTheWabe]

Good for her @KatyMac! Is she a part of Equity/Spotlight? They could probably help her with a guideline for day fees, buyouts etc. They're very friendly if she wanted to call up to talk to them, even if she isn't a member I'm sure they'd advise her. There's always someone out there to take advantage so it's good to know what the industry standard is.

Is acting something she wants to peruse? And how old is she? I was assuming younger but now I think I may be mistaken.

[Catinthecorner]

Photographers don’t legally need a model release. Some will sort them just to avoid later bickering but it’s not actually required.

As for standard pay, a smallish studio I know charges amateur photographers an extra £20 per hour for models as part of a hire fee (model plus studio) BUT those models will generally cover a range of styles up to and including lingerie/boudoir (but generally not full adult work).

[KatyMac]

She is 20 trained in MT but she graduated in Dance Theatre as her singing isn't as strong as her dance/acting

Modelling is really a sideline - she earnt money while at college, for a studio a bit like Cat was talking about - they hold events and hire models in for them to play with cameras/speeds/effects and stuff

But the big wide world beckons and the buzz of being on a front cover is lovely

Who knows now, with getting an agent it might all change?

[JaniceBattersby]

If the magazine covered the fashion show themselves then there is no release or permission needed. It’s a public event and it’s legitimate journalism.

Obviously if she’d wanted a fee she would have had to negotiate that with the community group. It’s not up to the magazine to pay the fee.

[KatyMac]

It was never about a fee - but the correct credit would have been nice. The photo belonged to the organisation anyway and they knew she was using a different surname so left it out while they checked and then it went to print with just her first name - just a mistake really

Another milestone in her confidence yesterday - she turned down a paying job because it wasn't right for her - massive step!!

[PersianCatLady]

If the magazine covered the fashion show themselves then there is no release or permission needed. It’s a public event and it’s legitimate journalism
I agree. No need for permission or a release.