Styled shoots are a dreamy, Pinterest-friendly way for event professionals to showcase creative abilities.
But from a legal perspective, Styled Shoots can be a nightmare. With concerns over copyrights, liability, and model releases, what MUST event professionals consider before executing a Styled Shoot?
The terms that follow are critical concerns to address before your next styled shoot collaboration.
Who is responsible for what?
We can start with something simple— who is responsible for what. While it may be simple to say, “the photographer is in charge of taking pictures,” what about getting permits needed for taking photographs on the property? Who coordinates the models? Who provides electricity? Who pays any fees for dress rental? The list goes on and on.
Model Releases (commercial) for each business
Model releases are critical in a commercial setting. Whether it’s by submitting to industry magazines, using images in a portfolio, or simply posting photos to social media, participants in a styled shoot are using images to promote their business, e.g. commercially. And unlike posting on a personal Instagram page, commercial use comes with a bunch of extra rules. Specifically, styled shoot participants should get a commercial model release for each person visible in the photographs, naming each business’s right to use the model’s image and likeness.
Worst Case Scenario— Who is liable?
Something that no one wants to consider is that things might go wrong during a shoot. People trip and fall. Equipment gets damaged. Electronics get overheated and catch on fire. Props get damaged. Dresses get muddied or ripped. Participants should point in advance— whose insurance is going to cover disasters, damaged equipment/ goods, or injuries, including property outside of the team of shoot participants? For example, who is responsible when that fence the model is sitting on cracks, or when someone slices his/ her hand on a shard of metal in that artsy abandoned warehouse?
Copyright License for All!
A bit of basic copyright law: The owner of the copyright in any photo is the photographer. Paying for a picture doesn’t give someone the copyright. If you didn’t take the photo or video, you don’t own it. And sharing it (even when “giving credit,”) is an act of copyright infringement.
How can participants share the photos from a shoot legally?
Two words: Copyright license. Participants must obtain a global, royalty-free, irrevocable license to use, share, and reproduce the photographs in any medium. Without one, the photographer can prohibit shoot participants from using his/ her photographs—or worst, sue them for copyright infringement.
How may businesses use the images?
The point of a styled shoot is that each participant can use the resulting images in their business marketing materials and portfolios. But what about using images in print media—as pages a book, for example? Submitting it to awards shows? Using it on trade show booths? Submitting to industry blogs or magazines? Contributors should set expectations for dos and don’ts for the images. Most contributors notify others before submitting the images to blogs and magazines (or at least inform the other contributors to avoid duplicate submissions). Every creative professional should be given credit for their work. Participants should add a clause in their agreement specifying “credit appropriate to the platform.” Provide a few examples, with a space for participants’ social media handles for reference. Ensure how, when, and where each contributor should be credited on blogs, social media posts, awards show submissions, and any marketing materials that have been addressed. Specifying attribution rules in advance will help avoid any hurt feelings– or lost business opportunities.
Model releases are critical in a commercial setting. Whether it’s by submitting to industry magazines, using images in a portfolio, or simply posting photos to social media.
While it may seem obvious, the best way to ensure you’ve covered these terms is to get a contract in writing in advance. While handshake agreements are fine and dandy, a professional, well-drafted contract will be a critical investment to avoid misunderstandings and ensure styled shoot success!