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12last
Makeup Artist
BMR-MUA
Posts: 548
Toronto, Ontario, Canada


Update: The definitions listed in this post along with several others are now available as a PDF for download, use the link below.


Glossary for Photographers, Models, Makeup Artists and Stylists



The following is a short glossary of words and phrases which are commonly misused or misunderstood in the forums. The words are in no particular order. Words or phrases in parentheses () immediately following the term being defined are given to put the word or phrase in context.

day rate (photography): The day rate in photography was originally paid to editorial photographers working on a specific article or essay by the publication. The rate was paid whether or not the images were published and represented a minimum payment. Billable expenses were a separate item. Over time the term was mistakenly applied to other types of photography, most notably assignment photography. The "ASMP Professional Business Practices in Photography", published in 1979, provided the following concerning "day rate": "The day rate is normally a guarantee against usage, to be paid on a space rate (per page or per cover) in editorial/journalistic photography."
day rate (make-up): The usual method for compensating professional makeup artists is on a day rate while working on a photo shoot, film or video. If the artist finishes early he/she is still paid the full rate. Overtime is paid when the shoot runs over the allocated time, usually 8 to 10 hours for a full day. A "per face" or "per look" rate is generally considered unprofessional when working on a photo shoot, film or video.
kit fee (make-up): A kit fee is a payment made to a makeup artist working on a film or video to compensate the artist for the wear and tear on their tools. The kit fee is in addition to the artist's day rate. Kit fees are not customary outside of film or video work. The kit fee is sometimes called a box rental.
copyright: Copyright is the exclusive right granted by law to do certain things with a work such as adapting, publishing, performing or displaying a work in public. The copyright holder, with a few exceptions, can prevent others from doing things with the work which the copyright holder alone is permitted to do. Copyright is granted to the author of an original work at the time the work is created in a fixed form. A work can be a written, a dramatic, a sculptural, a visual, or an audio work. Primarily economic in scope, the rights granted under copyright law vary by country and are usually part of federal law. Copyright is not absolute, there are exceptions such as fair dealing and fair use. For more on this complex topic see: World Intellectual Property Organization (WIPO) Copyright U.S. Copyright Office Canadian Intellectual Property Office - Copyrights Related rights
moral rights: The rights of the author in an original work including the right of attribution and the right of integrity in the work. Usually legislated under federal law. Canada has more extensive moral rights than the U.S. In the U.S. only certain works of visual art are protected: § 106A. Rights of certain authors to attribution and integrity
public domain: An original work in which (1) copyright has expired or, in some cases, has not been renewed (2) copyright has never existed (the work is of a category that cannot be copyrighted) (3) the work has been made public domain by the copyright owner. Public domain is often misunderstood to mean work that is widely available or common.
a work made for hire: This phrase has a specific meaning in U.S. law. A work made for hire is one created by an employee in the scope of his/her employment or one made under one or more of nine categories specified in U.S. copyright law AND with a written agreement specifying that it is work made for hire. Under a work made for hire agreement, the author of the work is the one who specifically ordered the work.
copywriting: To write copy for the purpose of marketing a business, product or service, including copy written for advertising and public relations. A copywriter may be freelance or work for an advertising agency or public relations firm. Famous copywriters include David Ogilvy, Leo Burnett and Hugh Hefner
privacy rights: The right to be left alone. Legislation regarding privacy rights is usually at the state/provincial level. Varies considerably from place to place. May be legislated or common law. In general, privacy rights come into play when a photograph is published or otherwise made public.
publicity rights : The economic rights associated with a person's name, likeness, voice or other identifying trait. May be legislated, as in California and New York state, or common law. These rights vary considerably from place to place and are usually at the state/provincial level. In general, these rights come into play when the photograph is published in a commercial context.
model release/agreement (privacy/publicity rights): An agreement, signed by the model (or his/her agent, parent or guardian), which gives others the right to use the model's image in ways specified in the agreement. In general it concerns the privacy, publicity and personality rights of the model. For more about this see Property and Model Releases (photographers), All About Model Releases (models) and Busting Myths about Model Releases
usage license (copyright): An agreement, by the copyright owner, which gives an individual or business specific rights to use an image or other work in ways that are usually reserved for the copyright owner. In some cases, it may be advantageous (from a sales tax standpoint) to call a "usage license" a "copyright license", see the Graphic Artists Guild Letter of Agreement regarding the Board of Equalization in California for specifics. For more about usage licenses see Licensing Guide (photographers) and All About Model Usage Licenses (models) and the Picture Licensing Universal System
usage license (privacy/publicity rights): Modeling contracts often include a usage license which gives the client the right to make use of that model's likeness (see Publicity Rights). The model's agency usually provides a voucher, signed by the client at the shoot, which will contain details of the usage granted. In most cases, the model will get a sitting fee in addition to the fee for usage. Russell Christoff, a model from California, posed for a Taster's Choice coffee label in 1986. He was paid a sitting fee of $250 for the shoot and was to have been paid $2000 for the use of his image on the Canadian coffee label with other uses to be negotiated. Nestle used Mr. Christoff's likeness but did not pay him for usage or negotiate further uses. Mr. Christoff sued Nestle and was awarded $15.6 million.. Note: Do not confuse this entry with a usage license (copyright license) given to the model by the copyright owner of an image so that the image may be used by the model.
voucher (modeling): A voucher is issued to the model by his/her agency and is signed by the client at the shoot. It contains details of the assignment including hours worked, the sitting fee and usage of the model's likeness. The voucher system was started by the Hartford Agency and later developed by the Ford Model Agency back in the late 1940s (source: Model, the ugly business of beautiful women by Michael Gross). This system is used by all large agencies. A Sample Voucher from newmodels.com
buy out: A poorly defined but often used phrase to describe the purchase of rights in a photograph. Means different things to different people. The PLUS coalition recommends that buy out, all rights and similar terms NOT be used. Instead, substitute specific licensing terms.
comp (modeling): Short for composite, a group of photographs printed on a card which is carried by the model and given to clients by the model's agency. Comps for models are usually updated with new photographs at least once a year.
comp (graphic design): Short for comprehensive, a finished layout of a print ad or a publication for presentation to the client. Often used by the photographer and designers in creating the finished artwork.
raw (photography): A digital image created by a digital camera in a proprietary format which contains all of the information from the camera's images sensor without any correction or modification. Usually requires specialized software to process before the image can be viewed or printed. Comparable to a negative in the analog world.
agency: An agency, in general, is an organization that represents an individual or a business in a relationship with a third party. There are several types of agencies which creative people may deal with:
Advertising agency (example: JWT) – create and place advertising in the media for their clients
Model agency (example: IMG Models) – represents models (usually fashion and commercial). For more about model agencies see What is an Agency?
Artist agency (example: Jed Root) – represents photographers, stylists and makeup artists.
Stock agency (example: Getty Images) – represents photographers for stock photography.
fashion stylist: A stylist who selects, coordinates and arranges clothing in a fashion shoot.
wardrobe stylist: A stylist who selects, coordinates and arranges clothing during a shoot. A fashion stylist is considered to be either a subcategory of this specialty or a separate specialty.
off figure stylist: A stylist who selects, coordinates and arranges clothing not on a model for a shoot (still or video).
prop stylist: A stylist who selects, prepares, coordinates and arranges props or products for a shoot. In some cases a prop stylist may build or otherwise create a prop or a set, for example distressing a wood backdrop.
food stylist: A person who prepares, decorates and arranges food for a shoot. May be trained as a food writer, as a home economist or in the culinary arts.
pull letter (styling): A letter provided to the wardrobe or fashion stylist by the publication commissioning an editorial shoot. This letter is used by the stylist to borrow ("pull") clothing from designers and retailers for the shoot. The letter usually gives details of the shoot and the publication usually accepts financial responsibility for the return of the clothing in perfect condition. A pull letter must be signed by someone in authority at the publication such as an editor. See Pull Letter from the Hair, makeup, and styling career guide by Crystal A. Wright and How to spot a fake pull letter from Lucire.
fair use: Limitations to the exclusive rights of the copyright owner in the U.S. Fair use allows others to use a copyright work in certain ways without first seeking the permission of the copyright owner. See Fair Use
fair dealing: Limitations to the exclusive rights of the copyright owner in Canada and several other countries. Similar to fair use. See Fair Dealing (Canada)
lifestyle (photography): A photograph of people (actors or models) in a domestic or business setting doing everyday activities such as banking, cooking, driving to work, eating in a restaurant.
fashion (modeling): A model who models fashions for the designer, manufacturer or retailer. May appear in an advertisement, a magazine or in a fashion show. Fashion models must fit specific height/weight requirements.
editorial (modeling): Modeling for a magazine or other publication. See also Editorial fashion models. Usually does not pay very well, even for top models See What Vogue Actually Pays Its Models.
editorial (photography): A use of photography in a publication in an article or essay, not in an advertisement. See Categories of Photography Use: Commercial, Editorial, and Retail and What is editorial photography?.
commercial (modeling): Modeling in which the model plays the role of a regular person such as a banker, housewife, doctor or patient. See the reference to lifestyle photography. Sometimes a commercial model may get a job in a television commercial but in many cases these jobs are given to actors with union membership.
commercial (photography): A use of photography by a business, for example in an advertisement or public relations. See Categories of Photography Use: Commercial, Editorial, and Retail
retail (photography): A use of photography privately by an individual. Most portrait and wedding photography falls into this category. See Categories of Photography Use: Commercial, Editorial, and Retail
mood board: A collection of images put together by a designer, stylist or makeup artist which serves as a visual reference for a fashion show or for a photo shoot. Usually a collage on a single board. Why Mood Boards Matter. Pinterest is an online pinboard which some people use to make digital mood boards.
look book: A collection of images (photographs or sometimes drawings) showing a line of clothing, the style of a celebrity or a model, or the work of a photographer. The look book can be a physical book, a digital file or it can be in the form of an online blog. It differs from a portfolio in that it is a visual reference for a single line, season or theme. See What are Look Books?, Stick Thin | A Look Book Makeover and How to Create a Look Book
transformative work (copyright): The following definition of a transformative work is from a U.S. court case  "altering the original with new expression, meaning, or message. The more transformative the new work, the less will be the significance of other factors, like commercialism, that may weigh against a finding of fair use." from CAMPBELL, AKA SKYYWALKER, ET AL. V. ACUFF-ROSE MUSIC, INC - 510 U.S. 569  See also Color This Area of the Law Gray by Daniel Grant, Wall Street Journal
derivative work (copyright): A derivative work is a work which is based on one or more existing works. The following quote is from a Canadian court case regarding what factors make a work derivative, in this case a derivative work which infringes upon the original work:  " . . . it is not necessary that the reproduction of a work be a slavish copy, as infringement is defined as including any colourable imitation. While no one can be prevented from using a photograph to reproduce the posture or traits of a person, when the original aspects of a work are reproduced there is infringement." from Ateliers Tango Argentin Inc. et al. v.Festival d'Espagne et d'Amerique Latine Inc. et al. (1997) 84 C.P.R. (3d) p. 59
test: The mutual exchange of services between a photographer and model (and possibly stylists, makeup artists and others) to produce images for their respective portfolios. A test may be either paid or unpaid. 'Would-be fashion photographers, like aspiring playwrights, needed a cast to play the other roles in these nonprofit theatrical ventures. In fashion photography, there was a name for these continual dress rehearsals for pictorial plays unlikely to ever be premiered. They were called "tests."' quotation from Thing of Beauty: The Tragedy of Supermodel Gia by Stephen Fried (page 77). In the world of internet modeling TFP (Time For Prints) and TFCD (Time For CD) are often used (incorrectly) instead of "test." Some people use Trade instead of Time.
pro bono: From pro bono publico (Latin) meaning "for the public good." Advertising agencies and creatives use this term for work done free-of-charge for charities and other non-profit organizations. See Should You Work for Free? For the Right Cause, Sure at Advertising Age.
spec: Speculative work (spec) is work done for a specific project and client which the client can either reject (most often without payment of any cancellation fees) or accept. Spec always puts the artist at risk. The artist has already created the work which gives the client additional leverage in setting or modifying the price. Unlike stock, spec work which is rejected by the client may be product or campaign specific so that it cannot be sold as stock. In addition there may be trademark or other issues that make the rejected art worthless to the artist. See the NO!SPEC Campaign
beauty (makeup): Makeup designed to enhance the facial features of the model or actor. Example from V Magazine
fashion (makeup): Makeup designed to enhance the clothing (fashion) worn by a model. Examples can be seen in fashion editorials. Example from V Magazine
character (makeup): A makeup design which helps to define a character the actor is portraying. For example: a cowboy, a homeless person, a soldier.
prosthetic (makeup): Makeup using prosthetic appliances (sometimes just called appliances) which are created in advance and attached to the actor or model with specialized adhesives. Prosthetics may be made from gelatin, silicone, latex or other suitable material. This type of makeup can range from a simple generic prosthetic wound to a multi-piece prosthetic covering the head and a major portion of the body. Examples of recent prosthetic work in film include Mystique from X-Men and The Curious Case of Benjamin Button. Both of these films also used extensive CGI to enhance the work of the makeup artist.
out-of-kit (makeup): Makeup created as needed directly from the makeup artist's kit as opposed to pre-made prosthetics.
special effects (makeup): Includes makeup that ages the actor, creates a monster such as a werewolf or zombie, or simulates wounds such as cuts and burns. Special effects makeup for film and theatre may include the use of blood pumps for wounds which bleed on camera or squibs for gunshot wounds.
CGI: Computer Generated Imagery. Used in both film and still photography to create virtual three-dimensional props, landscapes and characters in images. In some cases, CGI has replaced extensive makeup in film. The camera has been replaced with CGI generated images in some types of product photography, most notably automobile photography.
Jan 17 11 08:44 am  Link  Quote 
Photographer
Monito -- Alan
Posts: 16,524
Halifax, Nova Scotia, Canada


Barry  M  Robinson wrote:
The following is a short glossary of words and phrases which are commonly misused or misunderstood in the forums.

A few corrections:

day rate (photography):  What a photographer would like to get one day a month so they can soak up rays in Jamaica the rest of the month.
copyright: The thing a photographer relies on to sue the pants (or dress) off a model who dares to post a resized image from their TFP shoot.
moral rights: The right to smash a photographer's camera because your child happened to wander into a shot they were making of a model in front of a Range Rover.
public domain: Anything found on the internet, especially if it has two globes.
work made for hire: Photographic ID pictures for a taxi cab company.
copywriting: Hey, dude, you got that one up above already.
privacy rights: The right to use your hands while looking at pictures late at night in your own home.
publicity (personality) rights: Yup, photographers would love to have some personality.
model release/agreement (privacy/publicity rights): The thing that gives the photographer the right to sell the TFP image of their girlfriend to Victoria Secret for the cover of the next catalogue.
usage license (copyright): Unfortunately, the way some photographers treat models, they feel used after a photo session.
buy out: Yo!  This isn't Wall Street!
comp (modeling): A computer used for 3D CGI modelling when the model flakes and you need to slap a body into the shot.
comp (advertising): A computer advertised on CraigsList.
raw (photography): The state of undress the photographer desires to see the model in.
fashion stylist: Not needed for nude photos.  See "raw", above.
wardrobe stylist: Chill, it's just a closet that's like furniture.  It's already styled.
prop stylist: Needed for model airplane shoots.
food stylist: The person who slices the pizza at the end of the shoot.
fair use: Any use the average internet user can think of.
fair dealing: Giving the model all the unedited full resolution pictures from a TFP shoot.  Oh, and a license for the model to use them on their pay site.
lifestyle (photography): A photograph of people (actors or models) in a domestic or business setting doing everyday activities involving rope and rubber.
editorial (modeling): Striking poses in the magazine editor's office.
fashion (modeling): Photographing that Target skirt in the mirror with your cell phone.
editorial (photography): Using Photoshop editor to fix the three stop underexposure.
commercial (modeling): Buying plastic model car kits and assembling to sell at flea markets.
commercial (photography): Pics of used pots and pans to sell them on eBay.
retail (photography): Selling prints at $5 each at the next garage sale.  $10 for three.

There.  Fixed it for ya.

Jan 17 11 09:21 am  Link  Quote 
Photographer
Photography by BE
Posts: 5,652
Midland, Texas, US


What about TF*  ?  I didn't see that on either post.
Jan 17 11 09:42 am  Link  Quote 
Photographer
Monito -- Alan
Posts: 16,524
Halifax, Nova Scotia, Canada


TF*: Baby, I'm gonna make you a star!

[P.S.:  I do endorse the OP's motivation to clarify the use of terminology important to the industry.]
Jan 17 11 09:46 am  Link  Quote 
Photographer
Skydancer Photos
Posts: 21,903
Santa Cruz, California, US


I've been a copywriter, hired copywriters, and managed copywriters for nearly 25 years. I never knew we/they only wrote copy for advertisements.

tongue
Jan 17 11 09:49 am  Link  Quote 
Makeup Artist
BMR-MUA
Posts: 548
Toronto, Ontario, Canada


Skydancer wrote:
I've been a copywriter, hired copywriters, and managed copywriters for nearly 25 years. I never knew we/they only wrote copy for advertisements.

tongue

You are certainly correct, I'm a bit biased because of my background in advertising. I've added a correction to expand the definition.

Jan 17 11 10:45 am  Link  Quote 
Photographer
Herman Surkis
Posts: 8,150
Victoria, British Columbia, Canada


Actually very useful.
Unfortunately nobody will care. Same as newb models never read the newb forum, so they demand strange stuff and need correcting over and over and over.

Would take all the fun out of some threads if people were simply referred to this one and several others that actually answer most questions.
Jan 17 11 12:05 pm  Link  Quote 
Photographer
Abbitt Photography
Posts: 11,346
Oakland Acres, Iowa, US


Thanks Barry.  Useful information.
Jan 17 11 12:49 pm  Link  Quote 
Makeup Artist
BMR-MUA
Posts: 548
Toronto, Ontario, Canada


Herman Surkis wrote:
Actually very useful.
Unfortunately nobody will care. Same as newb models never read the newb forum, so they demand strange stuff and need correcting over and over and over.

Would take all the fun out of some threads if people were simply referred to this one and several others that actually answer most questions.

What got me going were threads in the Hair, Makeup & Styling Forum, What exactly is a kit fee?, I'm a new artist-what should I start charging? and Mua's Paying Photographers. If you look at the number of posts it is amazing how many just don't get the point. Notice how in this post (7 minutes and the 3rd post after the OP asked the question) Mr. Bennett clearly and correctly answers the question about kit fees  yet the thread continues and now has 85 posts!

Jan 17 11 01:54 pm  Link  Quote 
Photographer
Liam Dean Photography
Posts: 50
Walker, Michigan, US


Very helpful post, thanks.
Jan 17 11 02:16 pm  Link  Quote 
Photographer
A M Johnson
Posts: 8,024
Las Vegas, Nevada, US


There is actually quite a bit of misinformation in the OP. For instance, the term "copyright" is confused with "license".
Jan 17 11 02:21 pm  Link  Quote 
Model
MoRina
Posts: 5,600
Fort Lauderdale, Florida, US


I'm ready for the pop quiz!
Jan 17 11 02:23 pm  Link  Quote 
Makeup Artist
BMR-MUA
Posts: 548
Toronto, Ontario, Canada


A M Johnson wrote:
There is actually quite a bit of misinformation in the OP. For instance, the term "copyright" is confused with "license".

The words in parentheses following the term defined are meant to place the term in context. In the "Usage license" I am referring specifically to a copyright license. This is an important point in contracts in some areas such as California. The Graphic Artists Guild brings up this point in their Letter of Agreement from which I quote below:

"Before we show you the rights clause, Contract Monitor would like to explain why you should use the title: "copyright usage" instead of simply "usage." While dealing with the Board of Equalization in California, the Guild learned that the Board bases their denial of the existence of copyright interests in reproduction rights contracts in part on the lack of appearance of the specific word "copyright." Describing usage as a "copyright" sale eliminates the argument."

I can, however, see the confusion with the way I have used the parentheses () and have now noted the use in the original post.

Jan 17 11 02:38 pm  Link  Quote 
Photographer
A M Johnson
Posts: 8,024
Las Vegas, Nevada, US


Barry  M  Robinson wrote:
copyright: The sole right to do certain things with a work (a fixed, original visual, written, dramatic, sculptural, or audio work) such as publishing, performing or displaying a work in public. Primarily economic in scope, the rights granted under copyright law vary by country and are usually part of federal law. U.S. copyright and Canadian copyright

You should have said something like:

Copyright

According to US law, a copyright is “who owns the photo” or who owns the right to copy, distribute or publish the photo. You own a photo just like you own a nic-nac. You get to say who can look at it and who can touch it and who can use it. With a few exceptions, a photographer can do whatever he wants with it.

When a person creates a work, as in when a photographer clicks the shutter, he immediately becomes the owner of the photo and he alone is the owner. The model who is in the photo is not the owner and has no right to use, have or own the photo of her likeness. That is the law. If your pretty face is in the picture, you have to ask permission from the photographer to use the photo. He doesn’t have to give you permission. You are given permission in a Usage License.

From: http://cafe1956.com/2010/04/models-copy … -likeness/

See also: http://shutterbug.com/columns/business_ … 0business/

Jan 17 11 02:50 pm  Link  Quote 
Makeup Artist
BMR-MUA
Posts: 548
Toronto, Ontario, Canada


A M Johnson wrote:
You should have said something like:

Copyright

According to US law, a copyright is “who owns the photo” or who owns the right to copy, distribute or publish the photo. You own a photo just like you own a nic-nac. You get to say who can look at it and who can touch it and who can use it. With a few exceptions, a photographer can do whatever he wants with it.

When a person creates a work, as in when a photographer clicks the shutter, he immediately becomes the owner of the photo and he alone is the owner. The model who is in the photo is not the owner and has no right to use, have or own the photo of her likeness. That is the law. If your pretty face is in the picture, you have to ask permission from the photographer to use the photo. He doesn’t have to give you permission. You are given permission in a Usage License.

From: http://cafe1956.com/2010/04/models-copy … -likeness/

See also: http://shutterbug.com/columns/business_ … 0business/

I'm trying to be more inclusive than just taking the perspective of a U.S. photographer. Copyright, broadly defined, is the exclusive right to do certain things with the work such as publishing, performing or displaying it. Copyright laws vary depending on where you live and work, this is why I've provided links to both U.S. and Canadian copyright websites. I've also tried to keep my language as neutral as possible and my answer concise.

Jan 17 11 03:12 pm  Link  Quote 
Photographer
A M Johnson
Posts: 8,024
Las Vegas, Nevada, US


Barry  M  Robinson wrote:

I'm trying to be more inclusive than just taking the perspective of a U.S. photographer. Copyright, broadly defined, is the exclusive right to do certain things with the work such as publishing, performing or displaying it. Copyright laws vary depending on where you live and work, this is why I've provided links to both U.S. and Canadian copyright websites. I've also tried to keep my language as neutral as possible and my answer concise.

I understand but you are still confusing terms. Copyright is copyright as long as the nation whose laws you are citing follow the Berne Convention. You say Copyright but then define license.

Jan 17 11 03:38 pm  Link  Quote 
Photographer
RSM-images
Posts: 4,223
Jacksonville, Florida, US


.

implied topless/nude - the subject is completely covered or clothed but the image implies toplessness/nudity (such as a model reclined on her back on a bed and covered with a sheet showing her body shape - clothed or not - implying toplessness/nudity)

demure topless/nude - the subject is topless/nude but their gender specific anatomy is hidden from camera view ("implied" is wrongfully used in place of "demure" by nitternet nitwits)

your/you're

there/their/they're

payed/paid - "payed" is a nautical term -- "paid" is a financial term

.
Jan 17 11 04:04 pm  Link  Quote 
Photographer
picturephoto
Posts: 8,687
Toronto, Ontario, Canada


Photography by BE wrote:
What about TF*  ?  I didn't see that on either post.

I would discourage the use of this term in the "real world."

Jan 17 11 04:12 pm  Link  Quote 
guide forum
Photographer
GPS Studio Services
Posts: 34,455
San Francisco, California, US


Barry  M  Robinson wrote:
Copyright, broadly defined, is the exclusive right to do certain things with the work such as publishing, performing or displaying it. Copyright laws vary depending on where you live and work, this is why I've provided links to both U.S. and Canadian copyright websites. I've also tried to keep my language as neutral as possible and my answer concise.

Whiel I don't disagree with you, I think the way you are stating this is misleading.  Copyright isn't an affirmative right.  It is an exclusionary right.  Put more specifically, copyright doesn't guarantee you the right to do those things.  It gives you the right to tell others they cannot.

The right is subsidiary to those of others.  As an example, the right to privacy and the right to publicity, in many states and countries will take precedence over the right of the photographer.

So, I don't disagree with you, but I think the words of your definition suggest that copyright guarantess you the right to do something. The only thing it does is provides you the right to regulate what others can do with your work and even that is limited.  As an example, in those countries where "fair use" is provided for, you can't prevent fair use.

Jan 17 11 04:12 pm  Link  Quote 
Photographer
StephenTangPhotos
Posts: 69
New York, New York, US


Thanks for this list, Barry.  Informative!
Jan 17 11 04:16 pm  Link  Quote 
Photographer
TouchofEleganceStudios
Posts: 5,107
Upland, California, US


Monito -- Alan wrote:
A few corrections:


copyright: The thing a photographer relies on to sue the pants (or dress) off a model who dares to post a resized image from their TFP shoot.
moral rights: The right to smash a photographer's camera because your child happened to wander into a shot they were making of a model in front of a Range Rover.
work made for hire: Photographic ID pictures for a taxi cab company.
copywriting: Hey, dude, you got that one up above already.

publicity (personality) rights: Yup, photographers would love to have some personality.
.
usage license (copyright): Unfortunately, the way some photographers treat models, they feel used after a photo session.
buy out: Yo!  This isn't Wall Street!
comp (modeling): A computer used for 3D CGI modelling when the model flakes and you need to slap a body into the shot.
comp (advertising): A computer advertised on CraigsList.



fashion stylist: Not needed for nude photos.  See "raw", above.



prop stylist: Needed for model airplane shoots.
food stylist: The person who slices the pizza at the end of the shoot.

fair dealing: Giving the model all the unedited full resolution pictures from a TFP shoot.  Oh, and a license for the model to use them on their pay site.
lifestyle (photography): A photograph of people (actors or models) in a domestic or business setting doing everyday activities involving rope and rubber.
editorial (modeling): Striking poses in the magazine editor's office.
fashion (modeling): Photographing that Target skirt in the mirror with your cell phone.
editorial (photography): Using Photoshop editor to fix the three stop underexposure.
commercial (modeling): Buying plastic model car kits and assembling to sell at flea markets.
commercial (photography): Pics of used pots and pans to sell them on eBay.


There.  Fixed it for ya.

Some more corrections:

Todays Group Shoots have redefined these terms.......

day rate (photography):  What a photographer would like to get one day a month so they can soak up rays in Jamaica the rest of the month.

day rate for a group shoot: Typically a model will have an hourly rate of $100 but for a group shoot the model is offered a guaranteed day rate (actually defined as Gas Money) or $20.

public domain: Anything found on the internet, especially if it has two globes.

public domain: If the model is anywhere within camera range taking her picture is public domain.



privacy rights: The right to use your hands while looking at pictures late at night in your own home.

privacy rights: what a model looses at a group shoot.

model release/agreement (privacy/publicity rights): The thing that gives the photographer the right to sell the TFP image of their girlfriend to Victoria Secret for the cover of the next catalogue.

model release: new term for "since I get a crappy $20 for a day rate I am charging you another $20 to use my pics


raw (photography): The state of undress the photographer desires to see the model in.

raw: anytime a photographer gets a chance to see the model naked  smile     (for instance what should be a change room is fair game to walk through and get a chance to see that hot babe naked.

wardrobe stylist: Chill, it's just a closet that's like furniture.  It's already styled.

wardrobe stylist (at a group shoot): the guy that says "try this outfit on"

fair use: Any use the average internet user can think of.

fair use: Hey I took the pictures so it is only fair that I use them  smile



retail (photography): Selling prints at $5 each at the next garage sale.  $10 for three.

retail (photography): where the model or photographer buys an outfit for a shoot then returns it.

Jan 17 11 04:51 pm  Link  Quote 
Makeup Artist
BMR-MUA
Posts: 548
Toronto, Ontario, Canada


ei Total Productions wrote:
Whiel I don't disagree with you, I think the way you are stating this is misleading.  Copyright isn't an affirmative right.  It is an exclusionary right.  Put more specifically, copyright doesn't guarantee you the right to do those things.  It gives you the right to tell others they cannot.

The right is subsidiary to those of others.  As an example, the right to privacy and the right to publicity, in many states and countries will take precedence over the right of the photographer.

So, I don't disagree with you, but I think the words of your definition suggest that copyright guarantess you the right to do something. The only thing it does is provides you the right to regulate what others can do with your work and even that is limited.  As an example, in those countries where "fair use" is provided for, you can't prevent fair use.

You make an excellent point, although most explanations of the law tend to deal primarily with the things the copyright owner can do, for example this from the WIPO. I'll make a few changes to that definition to clarify things a bit more such as emphasize the exclusive aspect more and the protection afforded the copyright in the work.

I'm not going to worry too much about copyright versus other rights since that discussion can easily get bogged down in minutiae. If someone really needs to understand the relationship between rights they should be smart enough to properly research it on their own.

Jan 17 11 06:57 pm  Link  Quote 
Photographer
Beautiful Sundays
Posts: 3,840
Toronto, Ontario, Canada


Monito -- Alan wrote:
A few corrections:

day rate (photography):  What a photographer would like to get one day a month so they can soak up rays in Jamaica the rest of the month.
copyright: The thing a photographer relies on to sue the pants (or dress) off a model who dares to post a resized image from their TFP shoot.
moral rights: The right to smash a photographer's camera because your child happened to wander into a shot they were making of a model in front of a Range Rover.
public domain: Anything found on the internet, especially if it has two globes.
work made for hire: Photographic ID pictures for a taxi cab company.
copywriting: Hey, dude, you got that one up above already.
privacy rights: The right to use your hands while looking at pictures late at night in your own home.
publicity (personality) rights: Yup, photographers would love to have some personality.
model release/agreement (privacy/publicity rights): The thing that gives the photographer the right to sell the TFP image of their girlfriend to Victoria Secret for the cover of the next catalogue.
usage license (copyright): Unfortunately, the way some photographers treat models, they feel used after a photo session.
buy out: Yo!  This isn't Wall Street!
comp (modeling): A computer used for 3D CGI modelling when the model flakes and you need to slap a body into the shot.
comp (advertising): A computer advertised on CraigsList.
raw (photography): The state of undress the photographer desires to see the model in.
fashion stylist: Not needed for nude photos.  See "raw", above.
wardrobe stylist: Chill, it's just a closet that's like furniture.  It's already styled.
prop stylist: Needed for model airplane shoots.
food stylist: The person who slices the pizza at the end of the shoot.
fair use: Any use the average internet user can think of.
fair dealing: Giving the model all the unedited full resolution pictures from a TFP shoot.  Oh, and a license for the model to use them on their pay site.
lifestyle (photography): A photograph of people (actors or models) in a domestic or business setting doing everyday activities involving rope and rubber.
editorial (modeling): Striking poses in the magazine editor's office.
fashion (modeling): Photographing that Target skirt in the mirror with your cell phone.
editorial (photography): Using Photoshop editor to fix the three stop underexposure.
commercial (modeling): Buying plastic model car kits and assembling to sell at flea markets.
commercial (photography): Pics of used pots and pans to sell them on eBay.
retail (photography): Selling prints at $5 each at the next garage sale.  $10 for three.

There.  Fixed it for ya.

This is quite brilliant smile Love it. TY to OP for the original version and uber-kudos to AM for the 'satire' (although it rings true!!!!!)  smile

Jan 18 11 10:44 am  Link  Quote 
Makeup Artist
BMR-MUA
Posts: 548
Toronto, Ontario, Canada


I've clarified the definition for copyright and added a link to the WIPO website along with a link to a wikipedia entry on Related rights, a concept which may be new to many.

I've added two entries, transformative works and derivative works with quotes from relevant court cases to help define the phrases. This was at the heart of another thread concerning an art contest held by the Toronto Star, see Streetcar photo raises questions about inspiration
Jan 18 11 04:41 pm  Link  Quote 
Photographer
Herman Surkis
Posts: 8,150
Victoria, British Columbia, Canada


Now where should this be moved to, so the people who need to see it actually do?
Jan 19 11 09:37 pm  Link  Quote 
Makeup Artist
BMR-MUA
Posts: 548
Toronto, Ontario, Canada


Herman Surkis wrote:
Now where should this be moved to, so the people who need to see it actually do?

I would hope that people will use the search engine to find it and possibly reference and link to it when they're posting. That's why I've made corrections to the original post as needed rather than scattering throughout the thread.

Jan 20 11 07:05 am  Link  Quote 
Photographer
FashionPhotographer
Posts: 2,521
New York, New York, US


Edit(photography): - Making selections from a batch of images to be considered for final publication or output.
Retouch:- Making corrections of an image or images in order to enhance their appearance.

- Phen
Apr 01 11 12:06 pm  Link  Quote 
Photographer
New Kidd Imagery
Posts: 1,909
South Salt Lake, Utah, US


RAW: The digital equivalent to a negative, not Unedited pictures.
Apr 01 11 04:11 pm  Link  Quote 
Photographer
Flex Photography
Posts: 5,082
Sudbury, Ontario, Canada


RSM-images wrote:
.

implied topless/nude - the subject is completely covered or clothed but the image implies toplessness/nudity (such as a model reclined on her back on a bed and covered with a sheet showing her body shape - clothed or not - implying toplessness/nudity)

demure topless/nude - the subject is topless/nude but their gender specific anatomy is hidden from camera view ("implied" is wrongfully used in place of "demure" by nitternet nitwits)

your/you're

there/their/they're

payed/paid - "payed" is a nautical term -- "paid" is a financial term

.

then/than

advice/advise

whether/weather

except/accept

ask/aks
(not a word!)

Apr 01 11 10:35 pm  Link  Quote 
Photographer
GCobb Photography
Posts: 15,885
Southaven, Mississippi, US


Flex Photography wrote:

then/than

advice/advise

whether/weather

except/accept

ask/aks
(not a word!)

Should have/Should of 

Apr 01 11 10:38 pm  Link  Quote 
Makeup Artist
BMR-MUA
Posts: 548
Toronto, Ontario, Canada


I've just updated this thread with a couple of minor additions/corrections. Concerning TF* (commented on under the definition test) I've put a link to this thread in the Hair, Makeup & Styling forum. I've added pro bono to the list of definitions even though this is not often used on MM. The reason is that pro bono is a legitimate reason for working on an unpaid project.
Jun 03 11 05:10 am  Link  Quote 
Photographer
Herman Surkis
Posts: 8,150
Victoria, British Columbia, Canada


Barry  M  Robinson wrote:
I've just updated this thread with a couple of minor additions/corrections. Concerning TF* (commented on under the definition test) I've put a link to this thread in the Hair, Makeup & Styling forum. I've added pro bono to the list of definitions even though this is not often used on MM. The reason is that pro bono is a legitimate reason for working on an unpaid project.

Good stuff.

Needs to be 'bumped' at least once a month.

Jun 03 11 06:44 am  Link  Quote 
Makeup Artist
BMR-MUA
Posts: 548
Toronto, Ontario, Canada


Two new definitions added.

usage as it relates to models and the right of publicity

and

vouchers as used by model agencies

As always, let me know if you see any errors or have any questions. Just post in this thread.

Thanks
smile
Sep 05 11 09:43 am  Link  Quote 
guide forum
Photographer
GPS Studio Services
Posts: 34,455
San Francisco, California, US


Barry  M  Robinson wrote:
copyright: The sole right to do certain things with a work (a fixed, original visual, written, dramatic, sculptural, or audio work) such as publishing, performing or displaying a work in public. Primarily economic in scope, the rights granted under copyright law vary by country and are usually part of federal law. U.S. copyright and Canadian copyright
A M Johnson wrote:
You should have said something like:

Copyright

According to US law, a copyright is “who owns the photo” or who owns the right to copy, distribute or publish the photo. You own a photo just like you own a nic-nac. You get to say who can look at it and who can touch it and who can use it. With a few exceptions, a photographer can do whatever he wants with it.

When a person creates a work, as in when a photographer clicks the shutter, he immediately becomes the owner of the photo and he alone is the owner. The model who is in the photo is not the owner and has no right to use, have or own the photo of her likeness. That is the law. If your pretty face is in the picture, you have to ask permission from the photographer to use the photo. He doesn’t have to give you permission. You are given permission in a Usage License.

From: http://cafe1956.com/2010/04/models-copy … -likeness/

See also: http://shutterbug.com/columns/business_ … 0business/

Actually, I disagree with that.  The owner of the copyright, merely has the right to decide who can make copies, distribute it, etc.  It is an exclusionary right, not an affirmative right.  That means that it allows you to tell others what they can't do.  It doesn't guarantee you the right to do anything.  For example, you don't have the right to use a picture of someone in California for an advertisement, without their consent.  That is why it is exclusionary, not affirmative.

Where I really disagree is that you say you own the picture.  If I make a print of a photo and give the print to the model, she owns the print (i.e. the picture).  She has full title to it.  She can do with it as she pleases.  She can tear it up.  She can draw on it.   She can put it under her pillow.  She can sell the print.  She can give it away.  The print is hers to do with as she pleases. 

What she can't do is to make copies of it, publish it, give others permission to make copies, etc, etc, etc unless you have specifically given her consent to do those things.  That is your exclusionary right as the copyright holder.  As an example, she probably can't (with only a few exceptions), scan the print and post it to Model Mayhem, without your consent.  You alone can decide what she can do, with respect to those things covered by copyright.  You can't, however, tell her she can't tear the print up.   She owns it!

Sep 05 11 12:07 pm  Link  Quote 
guide forum
Photographer
GPS Studio Services
Posts: 34,455
San Francisco, California, US


Barry  M  Robinson wrote:
Two new definitions added.

usage as it relates to models and the right of publicity

and

vouchers as used by model agencies

As always, let me know if you see any errors or have any questions. Just post in this thread.

Thanks
smile

I don't entirely agree with all the specifics as they apply to every definition you have used, but in concept, I think it is a good post.  I also think the definitions are more concise than most that I have seen.  I am certainly not going to nitpick.  They are fine so kudos on the effort.

Sep 05 11 12:08 pm  Link  Quote 
guide forum
Photographer
Rays Fine Art
Posts: 5,917
New York, New York, US


ei Total Productions wrote:

I don't entirely agree with all the specifics as they apply to every definition you have used, but in concept, I think it is a good post.  I also think the definitions are more concise than most that I have seen.  I am certainly not going to nitpick.  They are fine so kudos on the effort.

I agree and many, many thanks are due to the OP. 

IMHO it could appropriately be made a stickie in all the industry forums as well as the newbie forum.  Sadly, it would then languish there, largely unread by those who most need it.

Sep 05 11 12:30 pm  Link  Quote 
Artist/Painter
MainePaintah
Posts: 1,676
Saco, Maine, US


Great stuff. Thanks!

This SHOULD be given to you when you "apply" to MM.

You know how, when you buy something from Microsoft, or some other software program, you have to "read their agreement", and click "yes, I read and agree" before you can use it or go any further? Well MM should do that with this post, IMHO!
Sep 05 11 12:53 pm  Link  Quote 
Makeup Artist
BMR-MUA
Posts: 548
Toronto, Ontario, Canada


MainePaintah wrote:
Great stuff. Thanks!

This SHOULD be given to you when you "apply" to MM.

You know how, when you buy something from Microsoft, or some other software program, you have to "read their agreement", and click "yes, I read and agree" before you can use it or go any further? Well MM should do that with this post, IMHO!

To everyone: Thanks for the support.

When greeting people in the Newbie forum you can always suggest that they read this thread. It is here and hopefully it will be of some use to people.

Sep 07 11 11:48 am  Link  Quote 
Model
Paige Morgan
Posts: 4,058
New York, New York, US


This needs a sticky.
Sep 07 11 03:24 pm  Link  Quote 
Photographer
Lumigraphics
Posts: 32,652
Detroit, Michigan, US


Usage changes. What a word means is what the community of users decide it means. So yeah, a formal definition from years past might not mean a thing nowadays.
Sep 07 11 05:24 pm  Link  Quote 
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