|
Forums >
General Industry >
Turn it around: protecting the photographers
The thread about the model who had a creepy experience with a photographer begs the question: what do you photographers do to protect yourself from false accusations? While I've never had a problem (and hope I never do), I've known photographers who have. One associate of mine was accused of improper touching after the images he delivered to the model, in a word, sucked. Nobody's fault, really, the shoot just didn't go all that well. The model, in a fit of rage, accused him of improper behavior - letting his hands linger while posing her (and saying that she never gave permission for him to touch her to pose her in the first place). Thankfully, everyone knew him well enough to know that this just wasn't true. As for me, there's something that I do that I think all photographers should consider. First, I insist that a model with whom I've never worked or don't know well bring an escort. Even if she says, "Oh, no, I trust you," I still insist. I'll tell her that if she trusts me, to feel free to bring a girlfriend along (if she doesn't feel the need for imposing male accompanyment). The reason for this is the second thing that I do - the model's escort must agree in advance to sign the release! My releases have 3 signature lines. One for the model before the shoot, agreeing on the terms of the release. And to for *AFTER* the shoot. Both model and escort sign *AFTER* the shoot. The after-shoot paragraph states, in essence, "I was present for the whole shoot, saw everything that transpired, and the shoot was done in a professional manner and I have no complaints or comments." Again, both model and escort sign that. Finally, I don't do this, but many do - set up a cheap video camera in the corner and video the whole session. Take the tape and shelve it. If push comes to shove, you have evidence of the whole shoot. Indeed, since the model is signing a likeness release, you need not even mention that the tape is running (at least in my State - check your local laws), though making sure the model knows that it's running can often prevent any issues. Why's it running, she asks? Well, to ensure that we can go back and look over the shoot later, if we find something we got that we liked. We can see how we set it up from a different angle. Actually a good idea in and of itself. I hope my experiences in this area are helpful. I'd love to hear what other photographers are doing! Now do something nice and leave comments and criticism on my photos here. It's good for my growth as well as my ego :-) Apr 25 05 03:30 pm Link what? what? video cameras? accusing of improper behavior? hey, what's going on in good old America? Well usually you have always someone around, like the MUA, Hairdresser, Assistant etc. or not? With Models who have a good reputation I did some shoots alone, but this is an exception. Apr 25 05 03:40 pm Link I have a full staff of 5 people in my studio at one time and I am never alone with a model. It's a business and if you don't treat it as that then you find yourself in trouble. I hate using the word professionalism but that is what it is. Apr 25 05 03:42 pm Link I have a lot onboard with me.. my light guy and make-up artist but also I don't do too much adult stuff so not too much to worry about. Most of my models have become great friends. Apr 25 05 03:46 pm Link I have wondered the same since I was a past legal litigation secretary. It is good that some photographers do have staff at hand. Too many people (from work experience) are too eager to throw out "sexual harassment and/or sueing". Some are legit, yet others are not. On the other hand, I am sure there have been models that have been put in a bad situation by a photographer. Not all photographers are like that, I understand that, but not all are professional by all means. So you kind of have to understand also where a model is coming from if she has had a creepy experience. Of course, no one knows the total truth to the whole story unless you are her, or the photographer, only they know what really happened. After that it is he said she said, and it should not be of a concern if that is not how you run your professional business and that you make it a point to do your job in a professional manner and yet protect yourself at the same time and protect the model's interest. McKenzie Apr 25 05 03:49 pm Link Well the girls just love me and i love them ..why ruin a good thing!! Hugh Apr 25 05 03:49 pm Link I, too, have an assistant as well as an MUA on occasion - but in any accusation, their words would be perceived to be biased in my favor. I find it's much easier to have the model and her escort know that they signed a release that acknowledged proper behavior. I would think it would discourage them from making something up later, for whatever reason. Apr 25 05 03:49 pm Link Posted by Alex Alexander: Word...nothing personal...just business. Apr 25 05 03:52 pm Link Never shoot alone. Tell your model to bring a chaperone. Have their chaperone sign your release as witness. Apr 25 05 03:52 pm Link Posted by McKenzie: McKenzie...I've been thinking about having models (and friends/escorts/chaparones, et. al.) sign a document simply saying that everything went fine, there were no personal issues, some sort of documentation saying that when the shoot ended, we all left in a professional state of mind...would that be something that could be integrated into the model release, or could a model sign it and then later on easily claim the release was too long and she didn't understand it? Apr 25 05 04:20 pm Link "But your Honor, I was forced to sign that bottom statement under duress - I didn't feel that I could leave unless I signed it.. Isn't that right, Meghan?" "Oh, indeed it is, your Honor.. And no, Amy hasn't promised me a cent from the settlement money..." As far as the video camera goes, the first time a model sees it after she's removed an article of clothing in front of it...... I don't wanna know. I avoid problems in a few ways: 1. Most of the time, an MUA or someone else is present. 2. My release (signed before the shoot) contains a section that the model initials that allows the model to permit or not permit contact for the purpose of posing. 3. I don't gawk, leer, ogle, or molest the nice models. I also make darn sure they are comfortable at all times. If they aren't I fix it or stop the shoot. I have yet to have a problem. I'm not saying I will never have a flake who tries to accuse me of something out of spite, but then again, I might get sued for blinding someone with a strobe.. That's what the courts and insurance are for. Apr 25 05 04:38 pm Link Posted by Matthew Grogan: Posted by McKenzie: McKenzie...I've been thinking about having models (and friends/escorts/chaparones, et. al.) sign a document simply saying that everything went fine, there were no personal issues, some sort of documentation saying that when the shoot ended, we all left in a professional state of mind...would that be something that could be integrated into the model release, or could a model sign it and then later on easily claim the release was too long and she didn't understand it? Matt, Apr 25 05 04:42 pm Link Posted by McKenzie: Posted by Matthew Grogan: Posted by McKenzie: McKenzie...I've been thinking about having models (and friends/escorts/chaparones, et. al.) sign a document simply saying that everything went fine, there were no personal issues, some sort of documentation saying that when the shoot ended, we all left in a professional state of mind...would that be something that could be integrated into the model release, or could a model sign it and then later on easily claim the release was too long and she didn't understand it? Matt, Helps a great deal, McKenzie...thanks so much! Apr 25 05 04:45 pm Link The claim of signing under duress does not hold water when there are two people involved and both sign, unless they're prepared to levy charges that the photographer held a gun to them. Regardless, the existence of such a document is a huge deterrent. Perhaps it's paranoid, but it works for those that use it. As for the video camera, while it could be used legally without notice, I would never do that. But having it there, with notice, tends to not be an issue. In the case of nude shoots, the model is already being photographed, no? Apr 25 05 04:46 pm Link Hey Joe...I have actually had a photographer literally "move me" on his own...why..I have no clue. BUT, I didn't really take offense to it, I just told him in a stern voice...I take direction well, if there is something that he is looking for....again, I take direction well. Needless to say, we did this test shoot, but never shot with him again. Do I think it was sexual harassment...NO...I just think that he isn't smart enough to "communicate" what he wants and thinks it is easier to actually walk over and do it himself..which makes no sense to me, since he is the first photographer EVER to treat me like that, especially when I have no difficulty in posing and getting the certain looks needed. BUT, some girls, yeah if striving for attention could go the route of "he touched me inappropriately". So there is a fine line. McKenzie Apr 25 05 04:50 pm Link Posted by Alex Alexander: Totally agree with you here. I have a female assistnat, makeup artist and hairstylist. The model can bring her escort. and I NEVER NEVER NEVER touch the model, not even her hair, not even with her permission. If I can't explain to her what I need, I'm not very good at my job. Apr 25 05 04:51 pm Link Oh, and again the maturity levels also play a big factor in these situations and how to handle them. McKenzie Apr 25 05 04:53 pm Link Posted by Joe Tomasone: I agree with that comment as well. I pay attention to the business of the photoshoot as it's going on. If the model is changing, removing an article of clothing, etc., I pay attention to MY business, which is planning for the next shot, checking my images in camera, changing lenses, or downloading onto the computer, checking the images there, confiring with my assistant on the next series of images. Apr 25 05 04:55 pm Link Posted by McKenzie: Well, I never "move anyone" - sounds emotional. LOL Apr 25 05 04:58 pm Link I MIGHT BE ONE OF THE ONLY PHOTOGRAPHER`S WHO HAS A STATEMENT OF SAFE CONDUCT IN THE STATE OF FLORIDA? ......this is to protect the photographer`s best interests and career from jealous zealous women...... It`s a signed statement I had made up after that incident that was between Helmut Newton and some model he had shot in his past, this happened back in the 1980`s (photographer`s can be victims too, especially when the model thinks she can pull a fast one concerning money) Needless to say Helmut won that case and the woman`s more than likely broken, 5 kids, and washing dirty clothes somewhere in Northern Italy...........(and this is JUST a statement nothing AGAINST Italians.....  Have EVERY model sign a form about the shoot before they leave your studio, that way they cannot say down the road that you did anything wrong etc. Professional Photographers Protect Yourself! Interested photographer`s can ask me more about that paperwork Cheers Tom Apr 25 05 05:00 pm Link Posted by Aperture Photographics: Posted by Joe Tomasone: I agree with that comment as well. I pay attention to the business of the photoshoot as it's going on. If the model is changing, removing an article of clothing, etc., I pay attention to MY business, which is planning for the next shot, checking my images in camera, changing lenses, or downloading onto the computer, checking the images there, confiring with my assistant on the next series of images. Yes, you can do ALL the above....but still if not protected well enough can have false accusations against you. Again, that is where a good signed contract comes in hand too. It is like that in any company, business etc. I see it everyday. Apr 25 05 05:03 pm Link Joe What you are doing....what you said in your last post...is being helpful, nice, respectful and showing manners. McKenzie Apr 25 05 05:04 pm Link I have a model release form that I have models sign at the end of the day stating that I have done no evil. Apr 25 05 07:55 pm Link Posted by * Visual Mindscapes *: I hate to be a nitpicker here, but a model is going to decide to accuse you either before the shoot or after. If she decides afterwards, then your form *might* sway a prosecutor to not indict you (or a jury to not believe her). On the other hand, with malice aforethought, she could simply refuse to sign it and leave, and then claim you molested her. Apr 26 05 03:20 am Link The only time you should ever worry about an accusation, is if it's true. Apr 26 05 03:41 am Link A photographer I work with generally I've heard has a bad rap. But when I actually met him and shot with him it turned out to all be bullshit. The rumor was he hits on his models, but those that told me this were always ones that had not shot with him, and he always has gay or female crew around specifically for the models comfort. I think rejected models can just turn mean and target a photographers out of evil when they can be completely innocent. Photographers make easy targets to bash. My 2¢. -TM Apr 26 05 04:47 am Link Posted by Tiff-Marie: That's true for both Photographers and Models, which is why website companies like MM and OMP have a due process to observe and follow before taking a course of action such as removing a member profile. Photogs and Models should have the same, if not similar due process and that's one you described pretty well...by observing and filtering fact from fiction. Not knee-jerking to every hearsay spun from the rumor mill. Apr 26 05 04:56 am Link Posted by Joe K. Perez: In this business, you have to worry about unfounded accusations as well, as they can bankrupt you and ruin your reputation, even if untrue. There's no excuse for working with a model alone (especially if she's naked), unless you're married to her. Apr 26 05 06:35 am Link Posted by Joe K. Perez: The real world dosen't always work that way. Trust me on this one. Apr 26 05 12:52 pm Link Posted by McKenzie: There are only 3 occasions where I even THINK of putting my hands on a model (except for the handshake when we first meet): Apr 27 05 11:36 am Link Posted by Aperture Photographics: Posted by Joe K. Perez: In this business, you have to worry about unfounded accusations as well, as they can bankrupt you and ruin your reputation, even if untrue. There's no excuse for working with a model alone (especially if she's naked), unless you're married to her. I totally understand where you're coming from, but it doesn't apply to everyone and all situations. Shooting, or painting alone with a naked model isn't a bad thing (I'm not talking about "with minors"). It's been done for years. We all know it could be a bad thing if either the photographer, or the model is mentally unstable, have violent tendencies and, or other things that could all potentially lead to court and conviction and, or loss of life. Apr 27 05 01:06 pm Link My husband and I work at the studio together, he takes the pictures and I do the hair and MU. If there are any stray hairs or such I take care of them. He never touches the models. We also insist on them bringing a chaperone. We have had models come to the studio alone, and given the whole lecture, shouldn't come alone blah, blah, blah. We have even put models in touch with each other so they could work a "buddy" system, and chaperone eachother on shoots. We also never allow a parent to leave the studio if we are shooting a minor. It is so much better to be safe then sorry in this day and age. Apr 27 05 09:44 pm Link Posted by Aperture Photographics: Posted by Alex Alexander: Totally agree with you here. I have a female assistnat, makeup artist and hairstylist. The model can bring her escort. and I NEVER NEVER NEVER touch the model, not even her hair, not even with her permission. If I can't explain to her what I need, I'm not very good at my job. I touch the models sometimes. Fixing hair, adjusting clothing, moving an arm or a shoulder a little...But - I'm a girl. And I ask at the beginning if they mind being "adjusted" a little. Nobody has. Usually hand gestures work just as well, anyway. May 08 05 01:10 pm Link Posted by Lesley Arak: Posted by Aperture Photographics: Posted by Alex Alexander: Totally agree with you here. I have a female assistnat, makeup artist and hairstylist. The model can bring her escort. and I NEVER NEVER NEVER touch the model, not even her hair, not even with her permission. If I can't explain to her what I need, I'm not very good at my job. I touch the models sometimes. Fixing hair, adjusting clothing, moving an arm or a shoulder a little...But - I'm a girl. And I ask at the beginning if they mind being "adjusted" a little. Nobody has. Usually hand gestures work just as well, anyway. My assistants are 99% women, and I've found that to be a great benefit. I keep my distance from the model (especially when she's naked). May 08 05 01:41 pm Link Posted by Viva Van Story: Are you kidding? That's that it wont happen to me mentality. Better to be safe than sorry. USUALLY I run video regardless. I like the behind the scenes thing anyways. May 09 05 06:58 am Link Generally the client's representatives are present during a shoot. Additionally, assistants and MUA, etc. If on a TFP, especially location, there's always at least one assistant (not sure how anyone can shoot without an assistant anyways - especially on location). Models who are going on amateur or semi-pro TFP's should have a chaperone. Minors, regardless of situation, should have a parent or guardian present at all times. Many models can avoid bad situations with just a little advance research. Message threads such as, "Is it okay to have sex with your models?" is a great place to start researching and weeding out who to work with, and who to not. I doubt any professional models would approve of "video" being shot during a photo session - unless you're paying additionally for it. The best protection is a staff you can rely on and never working alone with a model. May 09 05 08:49 am Link Posted by Austin Models & Talent Agency: GET A CLUE! May 09 05 09:15 am Link You have a serious problem and if attacking me constantly makes you feel better, then so be it. It's Monday again and it was quiet all weekend from you. Back at work? There are many profesisonals on here and some great photographers. I am happy that I am in America where my freedom allows me to have an opinion too. I'm afraid if this were a country run by you, you would have me in a concentration camp. May 09 05 09:27 am Link Posted by Austin Models & Talent Agency: Personally I believe in execution! May 09 05 09:34 am Link Posted by Ty Simone: Posted by Austin Models & Talent Agency: Personally I believe in execution! Well, Net Bull Dog... you are an example of the OMP mentality. Attack people, belittle people, and harrass. May 09 05 09:40 am Link |
