Jodie_Model wrote:
Mol Smith has a model/photographer TFP/TFCD  release form on his exciting new site that both models and photographers sign: 

www.project-eve.net

I hate the smell of Spam this early in the morning.

Naomi Jay wrote:
I know what PDN is :-P
but you need a password.

Damn!  It sure does.  See what happens when you drop out for a few years?  Everything changes!

-Don

Jodie_Model wrote:
Informing someone where they can get what they were looking for is not spam.  The fair TFP/TFCD form is on the site, is free to download and you don't need any passwords to access it.

"fair TFP/CD form"? This is a joke right? This is a de facto work for hire agreement for a photographer. This certainly is not fair to the photographer.

Models make money from modeling. Images from TFP/CD shoot provide them with updated and/or better images that can lead to more paying gigs.  No images, no gigs.

Photographers make money from the images they produce.  That means having effective contol over the use and ownership of the images that they produce.

This agreement complicates this pradigm and makes it more difficult for either party to control the use of the images.

Non exclusive images are hard to sell.  Why would anyone want to buy images that can be easily reproduced from a model who was not party in the deal between a photographer and a potential buyer?

I love this nugget from Paragraph 4:

" I (the model) will receive an electronic copy (from the photographer) of all art works produced by him/her which contains my image in part or whole, and I will be allowed to use this image in my electronic and paper portfolios without payment to him provided I honour the rest of the condition of our agreement."

If OWNING all of the images were not enough, the model gets post-production versions too? Nothing about the model's versions of the post-production versions. I do all the work and the model reaps the benefit?

Oh it get's better:

"In addition - the photographer will provide to me (the model) at least one free signed print from any of his artworks which includes my image in part of whole within a reasonable time of first exhibiting or selling his creation. I am not allowed to reproduce this print and have no claim other than the right of ownership of the print itself, which I am free to sell, keep, or dispose of in any way I please. I will receive this print without needing to pay the photographer for it."

Hell F'n naw! I sell a print and you get to sell one that I produce at my expense also.  So much for limted editions. Also the phrase "from any of his artworks" is so non-specific. Does that mean from the specfic shoot or any of the photographer's prior or latter shoots.

You could have a scenario where the photographer is selling a print to a buyer at the same time nor knowing that the model is licensing the images from that shoot to a website as content. Truly the left hand does not know what the right hand is doing and is asking of a world of ligation hurt.

This is a legal disater waiting to happen for anyone that uses this form.  This is a document on shaky ground and should have been vetted by a good lawyer.

rdmdc2000 wrote:
"fair TFP/CD form"? This is a joke right? This is a de facto work for hire agreement for a photographer.

It never ceases to amaze me that those entering a TFP agreement feel it is any different than if the model was handed a wad of cash.  TFP is a barter agreement and that does not mean limitations apply UNLESS the barter is for specific purpose.  That can (should) then be written into the Release (such as the additional barter (payment) for clothing perhaps from a vendor). 

There's nothing wrong with having a limited release based on specific usage, that is commonplace, but it is also the photographer (as the client) that provides that, not the model. 

Without special purpose and function, as in speculative imaging, a General Release is just good business practice and there is no reason to enforce speculation on opportunity to market that imaging down the road.  TFP then becomes, in essence, stock photography for print trade. 

Models that seek imaging through TFP should accept those conditions without limitation by handing the photographer their individual set of rules.  If they can't, simple.  Go elsewhere.

Jodie_Model wrote:
Mol Smith has a model/photographer TFP/TFCD  release form on his exciting new site that both models and photographers sign: 

www.project-eve.net

What an exciting site!!! lol
sniff, sniff
And good for you Naomi for going about this in an intelligent manner.  I hope you find your form!

Jodie_Model wrote:
Mol Smith has a model/photographer TFP/TFCD  release form on his exciting new site that both models and photographers sign: 

www.project-eve.net

Oh, gee... somehow I knew there was a catch there... but you need to go to the FAQs to find out what it is that impels this website to propose that the model secure the copyright and reproduction rights without ANY obligation to pay any [or any additional] fees to the photographer or give them any credit in respect to the photographs. They are inviting the models to go into the TFP/TFCD shoot with the prospect of making money off the images to the exclusion of the photographer financially and with respect to any other [legal] rights they might have - including the right to be identified as the creator of the photographic work.

http://www.project-eve.net/faq.html#simple
FAQs
In simple terms, what is Project-Eve about?

Answers
Project-Eve BookAnswers

In simple terms, what is the project about?

The Project is a cooperative work partly funded by Onview.net Ltd in the UK, and all the models taking part. It is the publication of a full colour art book and a DVD which will be sold and distributed via the Internet initially with the prospect of bookshop distribution subsequently.

Copies of the book and the DVD will be sent to leading Media producers in the UK, USA, Australia, Canada, and outside of those countries in smaller numbers. It is an opportunity for Internet Models to gain exposure like never before. It will also immortalize the accepted models as being representative of the new phenomena of the Internet Model. The book will include a serious academic look at the motivation of the women involved. The DVD will include video footage of the models.

It is hoped that Project-Eve will be the first book of its kind depicting in a real and non-Internet medium the work and drive of models appearing in art and images through Internet exposure rather than through traditional agencies.

To support the book, an Internet survey is being carried out asking Internet models to complete a questionnaire. This is similiar to the application form but is aimed at models who do not wish to apply for full inclusion. The collected data will be use to understand and publish (in the book) the modern phenomenon of Internet Modelling!

Effectively:
Project-eve is both an art and an academic work!

------------

IMPORTANT: I will also point out that the website is UK based and anything there may NOT be compatible with copyright law in the US or elsewhere. 

FURTHER Even in the UK there are certain features of that "fair TFP agreement" that are a blatant attempt to circumvent UK copyright law in ways that the law does not contemplate. The prime one is that it attempts to create not a "work of joint authorship" [legally possible] or even a "joint copyright ownership" [also legally possible] but two separate copyrights with two different and distinct independent ownerships in the exact same work. That is a legal impossibility! And you don't even have to read past Para 1 to see what it's about.

It's not a joke, I think, but should merely be treated like one. Mol Smith should stick to their fucking "art" and leave the law, and their wholly dodgy advice on it, to real lawyers.

ROTFLMAO

Studio36