Actor/Artist Headshot - License

[TCProd]

Having recently been contacted to do a couple headshots, I was wondering what should be included in the "standard" license for this type of image. Obviously, they should be licensed for promotional use, since that is the intent of the image. But what about other gray areas?

I would tend to think that a magazine profile would not be permitted without additional license. But what about cast lists like in Playbill? (I'm thinking yes.) And then what about billboard advertising for a play? Not sure.

I realize that anything is negotiable, but is there a "standard?" I don't want to be greedy, but I don't want to hurt my own rights either.

Thanks,
Tom

[TCProd]

A lot of page views here so I guess everyone else is a stumped as I am. I poked around the web and the common thread seems to be to give them almost everything because they're going to use them anyway.

I'm going to put a call into my buddy at AFTRA/SAG and see what he says.

[aeliad]

Promotional use generally includes "anything" promotional. Including web, billboard, playbill, newsprint or magazine profile. The real line is drawn when the photo is used to promote or sell a product other than the Actor or Artist.

[kgphoto]

I am new to this area of work and come from the advertising side, where we give nothing away.

I have found the Actor/Model headshot market to be very unconcerned with usage and reproduction rights. I would suggest calling some of your local competition and see what they are doing. Choose those who appear successful and whose work you admire and can do as well or better than work. It is likely you will be competing for the same customer base so it would help, if they hear the same story from all of you.

I would say self promotion, whether it is advertising them or a project they are involved with, is OK. Greeting cards, or other usage, no.

ALL usage would be dependent on providing copyright or "photo by" notice with each publication or advertising rates apply. Offer as part of your package, a 4x5, 5x7 crop with the copyright symbol embedded. That way, they can't say, they clipped it only to make it fit the format needed.

[GCook]

A brief web search produced a headshot photographer in LA who uses two forms: http://www.fredjohnson.net/page1/page2/page2.html

"Before the hair/makeup artist takes over, you will be required to read and sign two forms -- a standard model release and a usage license agreement. These are standard contracts that basically say that (1) the photographer owns the copyright and (2) the model has the right to reproduce the photos for promotional purposes. You may print these out and bring them with you. Please notify us ahead of time if you decline to sign the model release."

[TCProd]

Originally Posted by kgphoto

I have found the Actor/Model headshot market to be very unconcerned with usage and reproduction rights.

Ironic, when the referrals come from an organization (AFTRA/SAG) that exists to protects the actor's rights. I wonder how concerned they are about mine?

I noticed on the Johnson site that he shows a copy of the release, but not a copy of the license.

Thanks

[kgphoto]

To be clear, when I was talking about the "market" I was not referencing the SAG/AFTRA groups. I was talking about models, actors, photographers, print houses and labs.

It is their manner of participation in this field that has created this break from the rest of the photographic pack. If an image with a copyright on it goes to a lab, they should not print it unless there is written permission to do so from the maker. Most of the portrait labs operate this way. Commercial Labs do for product images, but when it looks like a headshot, many of them print without a second thought since that is the way it has been for many years.

The photographic community would have to completely ban together, if they want to change this, and then it would still take a while. Look at the push form the buyers for all-out rights purchases on images today. They are getting stronger as more and more bad businessmen photographers cave, in an effort to keep some money coming in. Our rights are being eroded as we speak.

By the way, my wife works for the studios and if you want to put a poster of theirs in the background of a TV show or movie, you have to pay fees to the studio, talent and others involved in the production of that poster. So even though it is a $5.00 poster, you may have to pay $2000-$10,000.00 to "show" it.