![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
2005-02-06
here's something interesting i found posted in sasha monet's yahoo group...
just posted for curiosity's sake and wondering how factual it is...
Redd House Management
February 2005
To all associated clientele, talent, and interested parties
For free distribution
The Truth in photo waivers....your TRUE rights
"Or what the scam artists won't tell you"
This month I will dwell less on the work I do (more than the others
do in Atlanta, and it's QUALITY work), and where the "kids" went
(auditions galore for some) and go right to the heart of this
month.. The unspoken truth, what most photogs won't tell you, and
how you as talent are purposely mislead by these so called "great
photogs" who are in truth scammers who make a free living off of
you. It's trickery that is undefensible in any court, and will in
fact cause a great deal of that money shifting back in your pocket,
where it belongs. Maximizing their money at your expense is
unethical and illegal in both state and federal courts....These are
your true rights.
Let's get to THE LAW. I spoke to three (3) copyright and trademarke
attorneys and a judge. So I can point each and every one of you to
the pros in your area. I won't recommend. That's up to you. But I
will stick to the high ground and the truth here. So let's begin.
In the past messages are the links to the US Copyright and Trademark
office. In it, it defines specifically what is legal and illegal.
Did you know that the demand for full rights by a shooter, upfront
is considered illegal? By Fed and State courts...so a lawyer wins up
front, and so do you!!!
A creation or image is ONLY under sole ownership when no
collaboration is made
(ie no living creature is involved) beyond the artist (or in our
case mostly,
the photographer). So, as a model ormodels the forced signing of an
unlimited
waiver is not only unethical but illegal in every court in our land,
be it
fedral, state,orlocal. It violates civil law. You can challenge each
and every
one, and quite simply win, with a competent attorney at your
side.Win, bankrupt
them, and they will be working quite a while for you. If that image
is
sold/leased,then you are entitled to at least 50% of the gross sale
(idepending
upon how many subjects are appearing with you). But at minimum,it's
a 50/50
split for you. It's US copyright law....link is in my messages. Read
it and act!
And how waivers legally work...ask any copyright attorney. I can
refer you to
their local chapters. Pick who works for you.
1) If you pay a shooter to be shot,you own it all. Every
negative,print, and
allimages if it's one of the imitation, digital shooters doing it.So
as a model,
actor, event promoter/owner, it's yours, not theirs. It's yours to
use at you
will and whim. Now our buddy AJ Alexander tells you its his. Nope.
Whether its
ignorance or criminal intent,its yours if you pay, 50/50 if he
shoots it as TFP.
2) In TFP or when shot for a job or submission, that is negotiated
for specific
usage only. Again,it is 1/2 yours.Insist on the law AND your rights.
Don't back
down. For submission, get all the numbers of comparable publications
and usage.
Pay Rates. Get it allin writing, and as I say....SHOW ME THE MONEY!!
If they
violate sue them to oblivion.
3)In a paying job, you accept or negotiate the fee...Get the *BUY
OUT* rate for
usage of the images. Then you work out the details on usage and
whether you
waive your rights....that's how it is legally done.
Again,a simple Google search or the link in my area can start your
search or
confirm fully what I am advocating for. Your rights,as any competent
or better
manager/agent should do. The whining and lying will come,but a read
ends it and
sees who is right. It's time to end the standard, and see where this
business
can be better!!
So in closing, I offer this to each and every model and actor
outhere. It's called SHOW ME THE MONEY!!!! What do you do?Tell them
up front it's a minimum of 75 per hour to shoot you.
That'sreasonable. Buck and a half for 2 hours work. Don't budge on
it. Passon the "banging images" (these guys ain't Vogue quality
remember, andoften sell your work to any web site in the world).
Tell the Beys,Alexanders, Body Rockins (or website and picture
peddling models as some call it privately) and Dowdells of this
world it starts
at 75 an hour.Period When they talk about submitting you for videos,
Black
Mens,etc etc, before you start negotiate a market rate per page or
playcycle GUARANTEED UPON PUBLICATION/USAGE. The more you show, the
higher the price. The email I have says "that publication"
iscomparable to the best per the editor. Then it's 3-5 thousand
tostart ladies. Don't listen to the smack that starts after how
greatthe tear sheets are. They are WORTHLESS. Pay up, sign the
contract,or walk out. It's that simple. And tell your friends that
is the waybusiness should and will be done. Pass it on people.Thanks
to Alise J of NYC, for her help and how she gets guaranteedmoney for
every gig now.Lastly, in my group area, models, photographers, and
productioncompanies are free to network and post news. And very
importantpieces and links if you have a "pay site" operative under
your name,and in respect to Atlanta based talent, how again you are
looked atit in the real world. Drop in and read them. Please take
them to heart.IN THE REAL WORLD YOU TEST FIRST FOR ADVERTISING (and
may have tomeet the client too !)IN THE REAL WORLD YOU PROTECT YOUR
IMAGEIN THE REAL WORLD YOU TAKE YOUR LUMPS AND BUILD A GOOD BOOKThen
you start getting paid!!!!!!And the thoughts to remember;Pink Floyd
tune from the 70's that is very indicative of critics inthis
business, their close mindedness and how replies can be givenwith a
smile…"All in all it's just a-nother brick in the wall" (the wall
you put up barring my success)
And don't forget us if you pick this up on the net
Http://www.groups.yahoo.com/group/reddhousemanagement
just posted for curiosity's sake and wondering how factual it is...
Redd House Management
February 2005
To all associated clientele, talent, and interested parties
For free distribution
The Truth in photo waivers....your TRUE rights
"Or what the scam artists won't tell you"
This month I will dwell less on the work I do (more than the others
do in Atlanta, and it's QUALITY work), and where the "kids" went
(auditions galore for some) and go right to the heart of this
month.. The unspoken truth, what most photogs won't tell you, and
how you as talent are purposely mislead by these so called "great
photogs" who are in truth scammers who make a free living off of
you. It's trickery that is undefensible in any court, and will in
fact cause a great deal of that money shifting back in your pocket,
where it belongs. Maximizing their money at your expense is
unethical and illegal in both state and federal courts....These are
your true rights.
Let's get to THE LAW. I spoke to three (3) copyright and trademarke
attorneys and a judge. So I can point each and every one of you to
the pros in your area. I won't recommend. That's up to you. But I
will stick to the high ground and the truth here. So let's begin.
In the past messages are the links to the US Copyright and Trademark
office. In it, it defines specifically what is legal and illegal.
Did you know that the demand for full rights by a shooter, upfront
is considered illegal? By Fed and State courts...so a lawyer wins up
front, and so do you!!!
A creation or image is ONLY under sole ownership when no
collaboration is made
(ie no living creature is involved) beyond the artist (or in our
case mostly,
the photographer). So, as a model ormodels the forced signing of an
unlimited
waiver is not only unethical but illegal in every court in our land,
be it
fedral, state,orlocal. It violates civil law. You can challenge each
and every
one, and quite simply win, with a competent attorney at your
side.Win, bankrupt
them, and they will be working quite a while for you. If that image
is
sold/leased,then you are entitled to at least 50% of the gross sale
(idepending
upon how many subjects are appearing with you). But at minimum,it's
a 50/50
split for you. It's US copyright law....link is in my messages. Read
it and act!
And how waivers legally work...ask any copyright attorney. I can
refer you to
their local chapters. Pick who works for you.
1) If you pay a shooter to be shot,you own it all. Every
negative,print, and
allimages if it's one of the imitation, digital shooters doing it.So
as a model,
actor, event promoter/owner, it's yours, not theirs. It's yours to
use at you
will and whim. Now our buddy AJ Alexander tells you its his. Nope.
Whether its
ignorance or criminal intent,its yours if you pay, 50/50 if he
shoots it as TFP.
2) In TFP or when shot for a job or submission, that is negotiated
for specific
usage only. Again,it is 1/2 yours.Insist on the law AND your rights.
Don't back
down. For submission, get all the numbers of comparable publications
and usage.
Pay Rates. Get it allin writing, and as I say....SHOW ME THE MONEY!!
If they
violate sue them to oblivion.
3)In a paying job, you accept or negotiate the fee...Get the *BUY
OUT* rate for
usage of the images. Then you work out the details on usage and
whether you
waive your rights....that's how it is legally done.
Again,a simple Google search or the link in my area can start your
search or
confirm fully what I am advocating for. Your rights,as any competent
or better
manager/agent should do. The whining and lying will come,but a read
ends it and
sees who is right. It's time to end the standard, and see where this
business
can be better!!
So in closing, I offer this to each and every model and actor
outhere. It's called SHOW ME THE MONEY!!!! What do you do?Tell them
up front it's a minimum of 75 per hour to shoot you.
That'sreasonable. Buck and a half for 2 hours work. Don't budge on
it. Passon the "banging images" (these guys ain't Vogue quality
remember, andoften sell your work to any web site in the world).
Tell the Beys,Alexanders, Body Rockins (or website and picture
peddling models as some call it privately) and Dowdells of this
world it starts
at 75 an hour.Period When they talk about submitting you for videos,
Black
Mens,etc etc, before you start negotiate a market rate per page or
playcycle GUARANTEED UPON PUBLICATION/USAGE. The more you show, the
higher the price. The email I have says "that publication"
iscomparable to the best per the editor. Then it's 3-5 thousand
tostart ladies. Don't listen to the smack that starts after how
greatthe tear sheets are. They are WORTHLESS. Pay up, sign the
contract,or walk out. It's that simple. And tell your friends that
is the waybusiness should and will be done. Pass it on people.Thanks
to Alise J of NYC, for her help and how she gets guaranteedmoney for
every gig now.Lastly, in my group area, models, photographers, and
productioncompanies are free to network and post news. And very
importantpieces and links if you have a "pay site" operative under
your name,and in respect to Atlanta based talent, how again you are
looked atit in the real world. Drop in and read them. Please take
them to heart.IN THE REAL WORLD YOU TEST FIRST FOR ADVERTISING (and
may have tomeet the client too !)IN THE REAL WORLD YOU PROTECT YOUR
IMAGEIN THE REAL WORLD YOU TAKE YOUR LUMPS AND BUILD A GOOD BOOKThen
you start getting paid!!!!!!And the thoughts to remember;Pink Floyd
tune from the 70's that is very indicative of critics inthis
business, their close mindedness and how replies can be givenwith a
smile…"All in all it's just a-nother brick in the wall" (the wall
you put up barring my success)
And don't forget us if you pick this up on the net
Http://www.groups.yahoo.com/group/reddhousemanagement
so no more pix until i can move all such things to another site
cleaning up the kumimonster.com to make it nicer and cleaner
:)
gonna put the other names i own to a bit of use
also start portfolio site and make kumimonster easier and less full of stuff
later this week then. yup yup
ooh, and more tattoo work coming on wed!
cleaning up the kumimonster.com to make it nicer and cleaner
:)
gonna put the other names i own to a bit of use
also start portfolio site and make kumimonster easier and less full of stuff
later this week then. yup yup
ooh, and more tattoo work coming on wed!
it's like i just came back and all i want to do is lay in bed, play on the puter, watch movies, and go to my local bar.
but no.
i scheduled a shoot today.
first since i've been back.
for some reason i had this quick erroneous thought in my head that since i'm back home, i dont need to work any more. and i should rest, but none for the wicked. especially if one is wicked!
i actually made it too, albeit quite late.
first time i've been so late in such a way,
luckily it was kinda ok since night time is better and![[livejournal.com profile]](https://www.dreamwidth.org/img/external/lj-userinfo.gif)
ivy_red warned aaron.
his site is http://www.aaronhawks.net
but he needs to update the damn thing
there are a bunch of shots in ivy's LJ tho.
she was there at the shoot too and i think she enjoyed assisting
especially when she got to take a spray bottle of cold water and use it on my chest and face.
she also threw flour on me.
i think she liked watching me put this gross stringy sticky goo slime in my mouth and all over my face. held down any puke reaction. didn't taste bad, just not normal.
the pix will be awesome!
i brought my FetishModelDirectory and got her to sign it.
it's not the new one, but the old one that peter czernich replaced since tom porta in milan hasn't seen fit to return my copy. and i am not happy about that still.
so now i'm up to 3 models that have signed the damn thing. starting over sucks.
i brought a shitload of latex with me forivy_red to shoot in.
the weight from the stuff i brought today lightened by half!
france seems to be coming together quite nicely.
and i'm pretty sure it will take place around the 2nd weekend of march.
the 2nd saturdays of the month is the night that nuit-elastique happens.
shit. i feel some of that flour on me still. or else it's that slime stuff all caked up.
but no.
i scheduled a shoot today.
first since i've been back.
for some reason i had this quick erroneous thought in my head that since i'm back home, i dont need to work any more. and i should rest, but none for the wicked. especially if one is wicked!
i actually made it too, albeit quite late.
first time i've been so late in such a way,
luckily it was kinda ok since night time is better and
ivy_red warned aaron.his site is http://www.aaronhawks.net
but he needs to update the damn thing
there are a bunch of shots in ivy's LJ tho.
she was there at the shoot too and i think she enjoyed assisting
especially when she got to take a spray bottle of cold water and use it on my chest and face.
she also threw flour on me.
i think she liked watching me put this gross stringy sticky goo slime in my mouth and all over my face. held down any puke reaction. didn't taste bad, just not normal.
the pix will be awesome!
i brought my FetishModelDirectory and got her to sign it.
it's not the new one, but the old one that peter czernich replaced since tom porta in milan hasn't seen fit to return my copy. and i am not happy about that still.
so now i'm up to 3 models that have signed the damn thing. starting over sucks.
i brought a shitload of latex with me for
ivy_red to shoot in.the weight from the stuff i brought today lightened by half!
france seems to be coming together quite nicely.
and i'm pretty sure it will take place around the 2nd weekend of march.
the 2nd saturdays of the month is the night that nuit-elastique happens.
shit. i feel some of that flour on me still. or else it's that slime stuff all caked up.