Andrea Le wrote:
what if...the photographer says " i am test shooting for a clothing line and right now its tfp and if the client likes your look then u can negotiate your rates" my husband says to tell them to sign over the rights to the photos so they dont just go ahead and use them. is that what i should do? or? what do u guys think? do they have the right to use my photos without my knowledge?

Are you familiar with model releases?

They can't use your photos commercially without your permission.

Andrea Le wrote:
what i meant was to make the photographer sign over all the rights to me, so they cannot use the pix w/o my consent. . .

No photographer is going to sign over the rights to you but it doesn't matter because they cannot use the images commercially unless you have signed a model release.

Eric Foltz

Andrea Le wrote:
what i meant was to make the photographer sign over all the rights to me, so they cannot use the pix w/o my consent. . .

Um I dont know any photographers that would sign all the rights to you unless you pay for them...I could be wrong...I think I get what you are saying though...

Do you mean that if you are doing a test shoot (you pay nothing to them and they pay nothing to you) you just want to make sure that they don't go ahead and use the pictures for profit gain?

Andrea Le wrote:
exactly.
this is what the photograher said "The test shoot would be time for disc and you get a disc with everything we shoot that day. 2-3 hr shoot... If the client likes your test shots you will be selected to work on upcoming projects. At this time you can negotiate a fee and your rate".

do u think i would be a bitch for not wanting to sign the model release at the end of the shoot unless it says 'dont use my pictures unless im getting paid'? -__-;;

Uh..that's what the release is for...look it over and it should give both of you the rights to use the pictures except for profit...you can always request a copy before-hand and if you don't like what it says ask if they will revise it for you...that shouldn't be a problem for them to do

Andrea Le wrote:
exactly.
this is what the photograher said "The test shoot would be time for disc and you get a disc with everything we shoot that day. 2-3 hr shoot... If the client likes your test shots you will be selected to work on upcoming projects. At this time you can negotiate a fee and your rate".

do u think i would be a bitch for not wanting to sign the model release at the end of the shoot unless it says 'dont use my pictures unless im getting paid'? -__-;;

Sweetie. It's just a release to use your iamges. IT's different from signing over the entire rights of the photograph. Signing over the rights emaning that you no longer can use your image without their consent.
If it's a release to use the image of the shoot, then look it over and make sure everything is ok. And, sign. If you can't come to an agreement on it, then don't sign anything.

btw...are we assuming you own copyright of the photographs?
Or, is this just a release to use your likeness, and the photographer still holds copyright?


Who controls the entire image?

Andrea Le wrote:
do u think i would be a bitch for not wanting to sign the model release at the end of the shoot unless it says 'dont use my pictures unless im getting paid'? -__-;;

They've let you know what they need. If you pull a rabbit out of your hat at the end of the shoot you would be the capital "A" asshole. That's just fucking crazy. Either do the TFP under agreed upon terms, negotiate other terms, or don't do the shoot. Simple. All of this is decided before time is wasted and possible repercussions occur.