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Misunderstood/misused words and phrases
Update: The definitions listed in this post along with several others are now available as a PDF for download, use the link below. Updated link on 10 September 2017 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 Barry M Robinson wrote: A few corrections: Jan 17 11 09:21 am Link What about TF* ? I didn't see that on either post. Jan 17 11 09:42 am Link 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 I've been a copywriter, hired copywriters, and managed copywriters for nearly 25 years. I never knew we/they only wrote copy for advertisements.  Jan 17 11 09:49 am Link Skydancer wrote: 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 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 Thanks Barry. Useful information. Jan 17 11 12:49 pm Link Herman Surkis wrote: 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 Very helpful post, thanks. Jan 17 11 02:16 pm Link 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 
Model Posts: 6638 MacMurdo - permanent station of the US, Sector claimed by New Zealand, Antarctica I'm ready for the pop quiz! Jan 17 11 02:23 pm Link A M Johnson wrote: 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: Jan 17 11 02:38 pm Link Barry M Robinson wrote: You should have said something like: Jan 17 11 02:50 pm Link A M Johnson 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. Jan 17 11 03:12 pm Link Barry M Robinson wrote: 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 . 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 Photography by BE wrote: I would discourage the use of this term in the "real world." Jan 17 11 04:12 pm Link Barry M Robinson 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. Jan 17 11 04:12 pm Link Thanks for this list, Barry. Informative! Jan 17 11 04:16 pm Link Monito -- Alan wrote: Some more corrections: Jan 17 11 04:51 pm Link ei Total Productions wrote: 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. Jan 17 11 06:57 pm Link Monito -- Alan wrote: This is quite brilliant Jan 18 11 10:44 am Link 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 Now where should this be moved to, so the people who need to see it actually do? Jan 19 11 09:37 pm Link Herman Surkis wrote: 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 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 RAW: The digital equivalent to a negative, not Unedited pictures. Apr 01 11 04:11 pm Link RSM-images wrote: then/than Apr 01 11 10:35 pm Link Flex Photography wrote: Should have/Should of Apr 01 11 10:38 pm Link 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 Barry M Robinson wrote: Good stuff. Jun 03 11 06:44 am Link 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  Sep 05 11 09:43 am Link Barry M Robinson wrote: A M Johnson wrote: 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. Sep 05 11 12:07 pm Link Barry M Robinson 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. Sep 05 11 12:08 pm Link ei Total Productions wrote: I agree and many, many thanks are due to the OP. Sep 05 11 12:30 pm Link 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 MainePaintah wrote: To everyone: Thanks for the support. Sep 07 11 11:48 am Link This needs a sticky. Sep 07 11 03:24 pm Link 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 |
