to
their
senior
portraits
–
this
is
simply
not
the
case.
This
issue
is
o[en
further
complicated
when
t r a d e -? f o r -? p r i n t
pho tography
sessions
come
into
play.
Under
trade
for
print,
it
is
commonly
understood
that
the
photographer
and
the
model
possess
equal
rights
to
the
photos
–
again,
this
is
completely
wrong.
The
photographer,
who
holds
the
copyright,
also
gains
the
copyright
protecAon
as
the
owner
of
the
images.
In
the
model’s
favor,
however,
if
the
photographer
does
not
have
a
signed
model
release
from
the
subject,
h e / s h e
i s
t h e
t r u e
copyright
owner,
but
may
not
legally
have
the
right
to
commercially
sell,
print,
or
publish
the
i m a g e
w i t h o u t
t h e
m o d e l ’ s
c o n s e n t .
(However,
when
you
c o n s i d e r
c e l e b r i A e s
whose
pictures
are
taken
and
posted
daily
by
paparazzi
photographers,
it
draws
a
much
clearer
u n d e r s t a n d i n g
o f
c o p y r i g h t
l a w s .
T h e
celebriAes
do
not
consent
to
the
photos,
but
the
photographers,
who
are
Modern Model
the
owners
of
the
images,
sAll
have
the
right
to
sell
and
publish
them.)
Trade
for
print
agreements
p r e s e n t
a
f u r t h e r
challenge
when
an
event
organizer
o?ers
a
trade
for
print
photoshoot,
with
a
p r o m i s e
t h a t
t h e
photographers
involved
will
provide
models
with
photos.
The
?rst
problem
is
that
a
model
may
be
expecAng
a
large
number
of
photographs
from
each
photographer,
and
may
receive
very
few
prints.
In
some
cases,
models
end
up
receiving
no
prints
at
a l l .
A l t h o u g h
t h e
organizer
has
promised
the
model
photos,
even
the
organizer
cannot
d e m a n d
t h a t
t h e
photographer
surrender
his/her
images,
because
t h e
p h o t o g r a p h e r
u l A m a t e l y
o w n s
t h e
copyright
of
the
images.
The
organizer
may
ban
the
photographer
from
future
events,
but
this
sAll
does
not
get
the
model
the
images
he/she
posed
for.
This
is
further
c o m p l i c a t e d
i f
t h e
photographer
and/or
model
paid
to
be
at
the
event.
If
either
party
paid
Page 26
to
a]end,
the
event
is
not
a
trade
for
print
event
at
all.
If
the
model
paid
and
is
not
provided
with
prints
as
promised,
the
model
should
seek
a
refund
or
compensaAon
from
the
event
organizer.
If
a
photographer
paid
to
a]end
the
event,
this
does
not
meet
the
criteria
for
work
for
hire
in
any
w a y ,
s i n c e
t h e
photographer
has
paid
to
a]end
the
event,
which
further
supports
the
photographer’s
copyright.
In
most
cases,
for
m o d e l s
w h o
h a v e
personally
shot
with
me,
I
p r o v i d e
a
u s a g e
agreement
similar
to
a
work
for
hire
release.
U n d e r
t h e
u s a g e
a g r e e m e n t ,
I
acknowledge
that
I
am
the
copyright
owner,
but
give
the
model
all
rights
that
are
provided
to
me,
including
the
right
to
edit,
retouch,
publish,
print,
and
even
sell
the
image,
without
having
to
contact
m e
f o r
f u r t h e r
permission.
However,
I
am
the
only
photographer
I
know
that
provides
such
a
copyright
waiver.