Tests and Usage
Yeah, we know everyone is clamoring over each other to get
the best images in their books. But sometimes you need to
just ask 'at what cost?' and with what restrictions?
By all accounts a 'test' refers to usage terms that are along the lines of:
For direct personal promotion, portfolio, compcards and agency books/websites ONLY.
You will also see the standard term in model agency terms:
TEST AND EXPERIMENTAL PHOTOGRAPHY
The photographer is not entitled to use test and experimental photographs for commercial
purposes unless specific arrangements have been made with the agent before the photographic
session.
Remember that the buck stops with the photographer - as copyright owner on all images they
are the ones with final responsibility for the use of any pictures, with the additional
burden that it is they who will take the flack in the case of any unauthorized use.
No Client Involvement
Anything relating to testing only applies when there is no one involved in
the shoot other than the creative team plus models - so as soon as there is anyone
that could be viewed as a client (even if they claim not to be)
forget the idea of 'test' and price it as a commercial or editorial
job depending on the usage.
Avoid the situations where a client asks you to shoot an idea on the basis that if they like
the results they will hire you for the next job. Likewise where you are asked to shoot but will
only get paid if the images are actually used.
Direct personal promotion means just that - you can use
those pictures to promote yourself , and only by
the methods mentioned.
It doesn't allow promotional use for anything else
you might be involved with So if you are also running,
say, a shop or salon you can't use the pics to promote that
without permission from everyone involved - and
they are well within their rights to either ask
for payment or even say no.
Likewise no putting the images from a test onto
record covers for those models turned singers,
or theatre posters/programs for actors - again
thats commercial use and you need to get permission
and cross a few palms with gold. Magazine features are
also out unless agreed in advance.
Don't use pictures as bribes!
Its all too easy to get sucked into a deal where some
fabulous location (hotels and bars are the main
ones here) will let you shoot in their venue
in return for some of your images. Designers may
also suggest that giving them photographs
in return for use of their clothes is a fair swap.
If they want to put them in a scrap book, or on
the wall of their office - all well and good.
However, if those pictures end up being used as PR shots, or
in paid advertisements you are in trouble. At the very least
you are being ripped off. In the case of locations, their fees are ALWAYS
going to be less than the usage rate for PR or AD use
for the same location (ie they should be paying you).
Worse, you could also find yourself liable for paying
off everyone involved - and you might be surprised
at what photographers and model agencies normally charge
for commercial use if you have only ever worked on tests.
Students beware or beware of students?
There are horror stories of colleges asking students
to sign over copyright in their course work. This can
lead to a number of problems. For the students themselves
it means you won't get paid if those images are used
commercially. Worse, you won't have control over those images.
Colleges have
been known to subimit students work for publication
even though the models used were booked as a test.
This use is outside the terms of a test and the
photographer becomes liable for a hefty bill.
Remember too that if you are working with fashion student collections
normal copyright law applies, even if the student has signed over
their rights to their work (the clothes) the photographer still owns the
copyright of the photographs.
TFP or TFCD
The description TFP or TDCD also appears regulary online. In this case one or more of the parties are deemed to be paid by the photographer, with payment being in prints or images on CD - which clearly have value. If you are being paid it is reasonable for the model to sign a release and expect the photographer to sell those images. If you are not happy with such an arrangement don't enter into it!