Last month, we introduced the Ask an Agent column, written by Lisa Pritchard of the Lisa Pritchard Agency, which represents photographers such as Julian Calverley, Iain Crockart, Nick Daly, Rob Murray and Jenny Nordquist. She is back this month with a new question to answer:

I used some mates as 'models' in a shoot I did last year for a mobile phone company as the client didn’t have a very big budget and so couldn't afford model fees. One of them has seen his image on the packaging and is now asking me for some money, claiming he didn’t agree to this? What shall I do?

Lisa Pritchard: Number one golden rule in producing commercial shoots – get a model release.

With any commercial shoot involving ‘models’, professional or not, it is crucial to get the agreed usage and fees down in writing before the shoot! Not doing this can result in having to cough up hundreds, if not thousands of pounds of model usage fee , not to mention possibly being sued or destroying your relationship with your client if the model decides to take it further.

I’m sure this seemed like a bit of fun at the time, but It only takes a conversation down the pub with someone who knows anything about commercial modelling, and the next thing you know your friend will be fancying themselves as the next Kate Moss.

In this instance, even though there was no fee, you should have prepared a simple model release form on your headed paper detailing something similar to the one shown below. Get three copies , one for the model, one for yourself and one for the agency or client. Then you all know where you stand.

I always use a form like this dealing with models who are not professional, in fact I’m on higher alert than usual when dealing with ‘street cast models’, it’s not something they are used to so there’s more likelihood of a misunderstanding. Its best to try and get the model release forms signed before the shoot as you don’t want them disagreeing on the day. It also courteous to give some warning of what they’ll be asked to agree to.

Model agencies usually have a booking form with this information, which they’ll send through for the photographer to sign, but triple check all the details are correct. Sometimes usage terms can be interpreted differently by model agencies, be really specific and don’t use sweeping terms like “below the line” and “above the line”. We’ve had several models spot themselves on various media around the world and contacted their agents demanding more money. Fortunately, due to the in-built alarm bells that ring whenever we deal with models, we’ve never been culpable. It’s usually either a case of them misunderstanding the agreed usage or sometimes an oversight on the clients’ part and they have used the images outside the agreed terms. It still makes you’re stomach leap when you get the call though.

We had a worrying moment recently when a client queried the usage on a 10 day shoot we'd organised with 85 models in total, both street cast and professional. On our purchase order from the client and all associated correspondence only a division of the company had ever been stated, but the client had assumed that the images could also be used by its main holding company and all sub divisions.
The resulting additional usage they actually did require amounted to tens of thousands of pounds. We’re still nor sure if they were trying it on or if it was in fact an oversight, but had we not been so diligent with our paperwork we could have been in serious trouble, if not out of business!

Anyway, now that I’ve thrown you into a state of sheer panic, what are we going to do about the matter at hand?

Your best bet is to be honest, humble and apologetic. Explain you messed up and you should have found out the exact usage and been clearer. Tell them it’s still a learning curve and you‘re still getting your head round how to do these things, you had so much to deal with organising the rest of the shoot. If you start giving money to just one of your mates its likely the rest will find out and you’ll just be digging yourself in deeper.

I suggest, if you got a fee for the shoot, you should also pay the models. A token gesture of around £50 each, or paying for a night out might lighten the mood. At the same time do get them to sign that model release they should have signed in the 1st place- its to protect the models as much as the photographer and the client.

If you didn’t get a fee, hopefully they’ll be sympathetic and you owe them one.
If none of this works, well, I guess you just need to put it down to experience and count yourself lucky there weren’t 85 models on the shoot- I’m assuming there weren’t anyway!

Example of a model release form:

Name of Photographer: Name of Model: Agency/Client: Brand/Product: Date of Shoot: Description of Shoot: Hours of work agreed: Fees:

I grant the photographer/agency/client and any licensees or assignees, the absolute right to use the photographs from the above mentioned photographic shoot, for the brand or product described above, solely and exclusively for

Usage: MEDIA , TERRITORY , TIME

(In this case it could have been …Packaging, U.K , 2 years)

I understand I have no interest in the copyright, or any moral rights, in the photograph

I am over 18 years of age

Name of Model: (Print)……………………………….
Signature of Model:…………………………………
Date: ………………………………………………….

In accepting the above release it is the responsibility of the photographer/agency/client not to use or authorise the use of the material except for the above media, territory and time periods. Further usage must be negotiated and agreed beforehand and in writing with the model.

In April, Lisa will be answering another of your questions. In the meantime, you can send your questions at bjp.news@bjphoto.co.uk, visit lisapritchard.com or read her two previous columns here and here.