Category Archives: Resources

Permission to Shoot: When to Use Model Release Forms

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©Jaimee Todd 2012

 

As I’m sure you’ve noticed, there are a lot of photography contests out there and many of them these days are requiring entrants to have a model release form if they submit an image with a person in it. All of these requirements compels the question: Is it always necessary to have a model release form when photographing someone?

Well, as with most things in life, it depends on what your purpose is.

First of all, a model release form is a liability waiver that the person who is the subject of the photograph signs, granting permission to the photographer or publisher to use their image.

When you’re using someone else’s image for commercial gain, you’re going to want to use that release form to be legal. This would mean images used for brochures, websites, catalogs, ads, tradeshows, kiosks, etc. Because model release forms pertain to privacy, using one for commercial purposes protects you from civil liability.

In contrast, if your  image is appearing in an art exhibition, a trade publication, magazine or newspaper,  a model release form isn’t necessary because those contexts are considered to be for educational purposes. It’s also unnecessary to use a model release form for casual photographs, such as for street photography. There’s no expectation of privacy when you’re out in public so there’s no need for the form so long as you’re not taking that picture to specifically promote a product or service.

Additionally,  if you’re a photographer and want to publish such an image on your website that is for sale, you still don’t need to a model release form. As of this blog post, whether it’s required to get a model release form for publishing an image on the internet is being debated in 9th Circuit Court of Appeals. I’ll be sure to post an update when there is a decision.

In the meantime, if you are going to use a model release form, it’s helpful to have one exclusively for adults and one for minors. You can get a very simple sample release form right here.

So if you’re ever unsure whether or not it’s okay to shoot people, get a form for it. Wait…that sounds really messed up.

But in all seriousness, if you’re unsure, always err on the safe side and get the release form.

Happy photographing!

Want to Know What It’s Like to Live Unchained?

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In addition to being a featured artist, I’m also proud to say that I’m also the Legal Advisor to the fantastic artist collective Live Unchained. If you haven’t check it out yet, now is definitely the time to do so and learn more about the fantastic female artists of the African Diaspora and what it means to Live Unchained!

Lessons Learned from Online Fundraising

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So, as of Sunday, my Visions of New York  art show fundraiser came to a close and I am happy to say that I ended up exceeding my $1500 goal. I raised  $2,370, which doesn’t include over $300 I received in outside donations from friends and family.

Like any new adventure, I learned a lot in my fundraising journey and while I can’t say that I’m an expert, I do think I can pass along some helpful tips that I’d like to share.

Kickstarter v. Indiegogo (and god knows who else)

My initial plan was to raise money through Kickstarter, which is famous for it’s “all or nothing” model but after giving it a lot of thought, I felt more comfortable with Indiegogo, which lets you keep whatever monies you raise. I decided to go this route because I needed as much money as I could get, even if I didn’t reach my goal because I didn’t want the additional stress of worrying about not getting anything at all. Unlike Kickstarter,  you don’t need to have your project approved for an Indiegogo campaign and you can also use your campaign for a charitable aim, which Kickstarter doesn’t allow. I’d definitely use Indiegogo in the future.

Setting Your Goal

I would say that this is the hardest part of setting up your fundraiser. To get a realistic picture, you really have to have a breakdown of costs, not only for your show, but also for the fundraiser itself. In terms of the project you want to fund, it’s crucial to factor in incidental costs that you may not have thought of, like marketing for postcards or newsletters, postage; art supplies; it really depends on what you want to do. (Today, for example, I found out from my venue space that you have to provide your own event space insurance to cover any liabilities incurred at the show) The more time you can spend planning ahead to price things out the better.

As for the fundraiser, you also have to factor in expenses for that, ESPECIALLY for perks, which is where I almost fell short. It was pretty easy to calculate how much it would costs to produce my tote bags and my larger-sized prints but where it got dicey was my postcard print sets. It took a lot of money in terms of ink and paper, packaging and postage to make them and send them out and I was worried that these costs would eat into my show budget. Luckily, I went over my fundraising amount and that helped a lot but if I hadn’t, that would’ve been a headache.

Promotion

Of course, this is the most important aspect to raising money. No one can donate if they don’t know that you’re raising money in the first place, right? I found several different approaches that helped generate buzz about my fundraiser:

Creating a video: While it did take a lot of work in putting it together, producing a promotional video was completely worth it. I think it made a big difference in the success of the fundraiser because it told a visual story about my dreams, my goals, and what Visions of New York really meant to me. Additionally, it gave people a chance to actually see me in action and hear my voice. That may not sound like a big deal but people want to feel some sort of tangible connection (even if it’s only via the internet) to the person to whom they’re giving money. Visuals speak volumes and the more that you can provide, the better.

Business Cards: I also made business cards promoting my fundraiser through Moo (love them) with images that will be in the show on the back of the cards Once again, people like tangibles and the card not only gave them a cool visual reminder, but it also was something that they could hold onto because of the pleasing imagery. I also sent off bunches of cards to my friends for them to pass out to help get the word out.

Updates: This also helped a lot in getting contributions. Instead of begging people for money with endless tweets and Facebook blasts, I posted updates whenever someone donated money. Facebook was truly great for this because I could tag donors (as long as they were comfortable with being identified; otherwise, I just sent out a thank-you to anonymous), thank them publicly for their generosity and promote the fundraiser at the same time. Doing so really seemed to generate momentum because shortly after I posted an update, someone else would donate shortly thereafter. I think this is probably how I reached my goal in only 8 days. Plus that, it feels good to show gratitude for people’s support and kindness and you can never say thank you enough when people are willing to support your dream.Plus, I created visual updates every other day; putting the amount raised on an image and sharing it on social media, including Instagram and my campaign homepage. Not only was that a great way to keep people up to speed as to our progress, but it was also a clever way to promote the artwork for the show.

Newsletters: For the entire month of May, I sent out weekly newsletters with donation updates. At first, I was worried that I was annoying the hell out of people with the updates and someone would send me an angry email telling to me to be quiet, but that wasn’t the case. There were a few people that unsubscribed, but that was okay since these people are doing you the favor of cleaning up your subscription list. After all, you don’t want to keep emailing people that just aren’t into you anyway.  On a more positive note, writing the newsletters was a way for me to be humorous and creative in telling people about the fundraising progress and people seemed to really enjoy reading them.

Press: Another great way to get people excited about your fundraiser is to get someone to interview you about it. I teamed up with Live Unchained’s Kathryn Buford, who was kind enough to meet up to do a video interview. Reaching out to a local newspaper or popular blog is a great way of growing your audience and get you and your work in front of new faces.Don’t be afraid to pitch your idea to different outlets because you never know who would be eager to do a write-up on you!

The Ups and Downs and the Nitty Gritty:

Let me say that running a fundraising campaign could easily be a full-time job. There were quite a few nights when I didn’t get much sleep because I was up working on the promotional video, making graphic updates, cutting notecards, putting together packages, running to the post office, tweeting, Facebook posting, all while working my day job. In hindsight, I’d probably let go of my inner-control freak and assemble a team of people to help with all the work, although my wonderfully supportive boyfriend helped out tremendously with video production and organization. Thank Sweet Minty Jesus for my iPhone which let me post updates and promotions while I was on the go.

In addition to the nitty gritty, there are the emotional highs and lows of running a campaign. As I’ve said before, I was completely blown away by people’s generosity. Some of my biggest contributions came from people I had never met before, including some that lived in other countries. There were also people that I had only met once or knew me solely through the internet but nevertheless, stepped up to give. I also received numerous contributions from old high school and college classmates and former coworkers whom I hadn’t talked to in years! There were times that I was moved to tears by people’s kindness and belief in what I was doing. I like to think this was because they were happy to see that I was going after something that I was passionate about and living a dream on my own terms. I think this is what most people want to be able to do in life. Those that weren’t able to give were still incredibly loving and supportive and were a big help in just promoting the event. I am very grateful to them too.

As far as lows, I really can’t say that I had that many for this fundraiser. There was a big rush of donations for the first ten days and then things slowed down a bit after I reached my goal, which took away a little euphoria, but really not that much. This is pretty typical of many campaigns, according to my research, so I didn’t really sweat it too much. Towards the end, the momentum picked up again and the donation total surged forward. It was an awesome feeling.

So to conclude, my fundraising experience with Indiegogo was very positive and will likely do it again in the future. I recommend it to anyone and hope that this little tidbits from my own crash-test were helpful.

Happy Fundraising!

 

 

Big Preppin’

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My last few weeks have been consumed by prepping for the upcoming Ahlara Arts Fair that’s happening this weekend in Mooresville, NC. In the process of getting ready, I’ve fallen off with emails, tweets and doing dishes, and on some nights, much sleep. In spite of that, it is somewhat fun prepping for the show, although my sister and I both agree that we would like the prepping to end so we can just do the fair already.

The thing about doing these fairs, especially if you’re a novice like I am, is that it really comes down to the details when it comes to preparedness. Not only was I fussing over what to feature (I’ve decided to exclusively show my inkblots), but making sure I have all the little doo-dads necessary for my booth. Thankfully, my sister is based down in North Carolina and she’s tackling issues related to tables and tents and transportation. We’ve both been going crazy getting our staff matted, figuring out pricing, making sure we have a variety of items, making signs….all that fun stuff. I still have more loose ends to tie up but the main grunt work has been handled, at least until I get down there. In the meantime, I’m taking tonight off to cook a healthy meal, exercise, and relax in front of a few reruns of the Cosby Show and the The Golden Girls.

But in spite of my stress, I’m looking forward to being able to share my art in another public venue and interact with art-lovers. I’m curious to see how people will react to the inkblots although I have a good feeling that they’ll be well-received. I did a phone interview a few weeks ago with the editor of the local newspaper in Mooresville about the show and he seemed intrigued with them and my background as New York artist/attorney.

So, I’ll be sure to let you know how it goes and will hopefully have lots of pictures to share! But for now, I’m off to stumble off to bed to catch up on some sleep, but before I do that, check out this helpful article about how to prepare for an art show.

Painting from Photographs: Derivative Works & Copyright

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my watercolor onion sketch of a photo courtesy of Lulu

Recently, a fellow artist on Twitter asked me if painting from photographs taken by someone else constituted copyright infringement. As with many legal issues, it depends on how you use the image.

When I was taking watercolor classes back in college, my instructor always reminded us that creating paintings from the images we saw in the National Geographic magazines constituted copyright infringement because the photographer owned the copyright  (or at least National Geographic did since it was likely a Work For Hire) Instead, my teacher had use reference works from photographs that he personally took.

A painting made from a photograph is known as a derivative work. A derivative work is “art that is based on the work of another artist or school of art, or uses all or part of another artist’s work in it, is known as derivative art”. (http://painting.about.com/od/artglossaryd/g/defderivative.htm) This lovely definition also extends to photographs, so if you do intend to use someone’s photograph as a basis for their painting, you should get their permission first. US Copyright law makes it clear that “Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work”, so unless you want to get a nasty letter from someone’s lawyer, ASK FIRST. Don’t rely on the fact that you snatched it off the internet and hope to Sweet Minty Jesus that no one will notice. It’s not worth the risk. There are places where you can get free reference photos, but personally, I like to take my own shots so Lulu tends to come in pretty handy. (Speaking of which, I know she happens to get really pissy when people try and steal her work so I’d highly suggest you’d get permission first if you like to make use of her handiwork).

Also keep in mind that just because someone’s photograph or work doesn’t have a copyright symbol underneath or nearby that it’s not copyright protected. In fact, copyright  immediately exists upon completion of the work. Add to that, you also need to remember that copyright exists during the life of the author PLUS seventy years, so if you see a copyright ©2007, know that the rights still exist, so hands off!

For more useful information about copyright and derivative works, I highly recommend visiting the topic on About.com.

Happy painting!

Artist Beware!

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I was about to submit one of my designs to H&M’s T-shirt design contest, but like a good little lawyer, I decided to go through and read the terms and conditions of entry. Man, I’m glad that I did. I was all set to enter when I read the following provisions:

3.7 Submission and Ownership of Content:

(a) The website will enable entrants to submit to H&M the form of the original artwork (the “Content”) for display on the website and potential use by H&M in connection with the sale of its products, whether as a Submission in the Contest or otherwise. Upon submission, the Content, whether or not protected by copyright, will be the sole property of H&M. [emphasis mine]

Yes, my dears, that means whether or not your artwork is selected as a winner, once you submit it, it belongs to H&M, meaning that they can use your art however and whenever. Is this legal? Yes, indeed, thanks to the Work For Hire Doctrine. Just read a little further in the contest rules:

b) All results and proceeds from the Content (or in connection with any ancillary, subsidiary, supplemental, promotional or derivative work relating to any version of the Content), and all other materials of every kind whatsoever created by an entrant if relating to any version of the Content (or relating to any ancillary, subsidiary, supplemental promotional or derivative work relating to any versions of the Content) (collectively, “Work”), are a “work made for hire” (as that term is used in the United States Copyright Act) for H&M, prepared as a work specially ordered or commissioned for use by H&M; of which H&M is to be deemed the “author” within the meaning of the United States Copyright Act. All such copyrightable works, as well as all copies of such works in whatever medium fixed or embodied, will be owned exclusively by H&M upon their creation and entrant will have no interest in any of them. Without limiting the foregoing, if any of the Work, or any part or element of the Work, is not deemed to be a “work made for hire” for H&M, the entrant irrevocably and exclusively grants and assigns to H&M (or, if any applicable law prohibits such assignment, entrant hereby grants to H&M an irrevocable royalty-free license of) right, title and interest in and to such Work, throughout the universe, in perpetuity, in any and all media, whether now or hereafter known or devised. [Emphasis mine]

Sorry for all the extra emphasis but I only do it to drive home the point; when you are submitting art to contests such as these, it means your artwork forever becomes property of H&M. So let’s say later on you decide that you want to use your work to design your own line of T-shirts or something else; according to these provisions you can’t do that without permission of H&M because your artwork isn’t yours anymore; it belongs to H&M. Unfortunately, a lot of artists aren’t aware of these provisions within copyright law and things can get so nasty that an artist can get sued for copying his own work.

Crazy, right?  It very well may be but it’s totally legal under copyright law. That’s why it’s always important to always read terms and conditions of art contests before you submit your works to competitions like these or enter into such an arrangement with an employer or someone who commissions you.

That said, the only way I could envision myself submitting to these kinds of set-ups is if I am getting paid substantially and deriving massive benefits for giving up rights to my own work. Being somewhat of a control freak, it would drive me crazy to think that I would have to ask someone else’s permission to use one of my own creations.While I’m intrigued by the idea of having my art on t-shirts, I’d rather do it through an agreement that I broker myself.

So, fellow artists, beware! You don’t have to be a lawyer to be cognizant of these things; just be sure to read the rules and conditions and fine print before giving your artwork up.

Click here to read more about H&M’s terms and conditions regarding their “Your Art Here”.

 

 

 

A Trip to the Harlem Fine Arts Show

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SCN_0036

This past weekend, AJ and I decided to check out the Harlem Fine Arts Show. An extension of the Black Fine Arts Show, HFAS is an annual event where black artists from all over the country display and sell their works in a variety of mediums. I didn’t get a chance to make it out last year so I was pretty eager to see what the show had to offer.

I was mostly interested in going to the event not just for the chance to soak up some artistic inspiration, but also to take the time to talk to artists about their craft and learn more about the business of art. I first ran into Najee Dorsey, a well-known mixed media artist and founder of the Black Arts In America website. It was nice to finally meet him and person and see his work up close. After telling me about his process when it came to creating many of his works, I got a chance to ask him about what I could do to expand my art career. He was happy to explain that one of the most important things to do as an artist was to produce, produce, produce. Doing so shows people that you are serious about your craft.

Dorsey also mentioned how it was a good idea to get involved in art fairs and festivals because it’s a unique opportunity for artists to connect wtih their audiences and see for themselves how people react to their work. I’ve never done an art festival before but it is something I definitely want to do in the near future. Continue reading →

Some Good Advice

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Image of Good Fucking Design Advice Poster / Black

 

I have to thank Elle for telling me about this site by, excuse me, Good Fucking Design Advice Store on Big Cartel. They’re selling t-shirts that basically give some good tough advice about what it takes to cut the mustard in the design world. The advice is, shall we say, rather colorful but I think on point. Normally, I try to edit my profanity on this blog but somehow it has a place here and keeps it pretty forceful. Elle has retyped a cleaner version and shared it with me so that we can both have it to keep us motivated. Enjoy!

 

Internet Candy

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I love the internet. It is such a wonderful and endless source of information and I am continually on it. So much so, that I know that if I ever got a chance to land on Jeopardy, I would RACK UP from all the information that I’ve absorbed. My friends are always asking, after I forwarded them my latest exciting find, “How on earth do you find all this stuff?”

Amongst the vast resources that are out there, there are several sites that I love to frequent because they are inspirational, informative and just plain fun, especially when it come to things related to art and design. Here are some of my favorites that I am sure would rock and add to your creative world:

Design Sponge: Founded by Grace Bonney of Brooklyn, NY, this fun hangout celebrates all things lovely in the world of art and design. Her site is frequently punctuated by beautiful photographs of wonderfully decorated interiors, funky and quirky art by emerging artists and creative DIY projects. My favorite feature of her blog is the weekly “Biz Ladies” colum that offers practical, down-to-earth advice for aspiring art entrepreneurs. I’ve learned so much from this column and thanks to it, I now know about great sites like Moo (terrific for biz cards), Big Cartel and Etsy, all of which have helped to further my art business.

Moo: And speaking of Moo, I ADORE their products. I used them to generate new business cards and I must say I’m very addicted. The great thing about Moo is that you can customize your design to your heart’s content. I like to put images of my paintings on the back of each card, which is printed on lovely, hefty card stock that will make other business cards look like wussies! Moo cards are truly the way to go when you want to promote your product and I get lots of compliments on the little gems that I hand out. Now I’m geeked because they just started selling customizable stickers. All hail the Moo! But now back to business…

Art Biz Blog: This is another tremendously resourceful site that was created by Alyson Stanfield. Alyson is a former museum curator turned entrepreneur/consultant/teacher. She frequently travels around the country to conduct seminars on how you can bolster your art career through tips on marketing, networking, brainstorming, you name it. Her Art Biz Blog is an extension of that. This is such a fantastic resource for emerging and estabilshed artists and what’s especially nice about it is that has fostered a very generous community of artists that are mutually supportive and unsparing in advice and enthusiasm.

The 99 Percent: I recently discovered this site a few months ago and have been sucked in by it. Just now when I went to double-check the link of that site, I started getting engrossed in the articles. It’s truly a goldmine for the creative mind. Not only does it offer practical tips on marketing and entrepreneurial topics, but it also gives advice and no-nonsense articles about keeping the creative momentum going. One of the first articles that I read by them was entitled “99 Excuses For Not Making Ideas Happen”. I told you they were no-nonsense…

Black Art In America: This site is especially wonderful in that it’s like a homecoming for black artists who wish to share their work within a community that fosters support, education and diversity. The talented Laura James (who is a frequent and generous contributor to the site) turned me onto this networking community and it has been a wonderful experience. BAIA has a similar set-up to Facebook/Myspace (but not as life-consuming, which is a good thing) My favorite part of the site is being able to see pictures of all the incredible artwork that is shared by fellow BAIA artists, who range from the upcoming to the well-known. Being able to view the artwork of all the members also makes it a fantastic resource for art collectors.

So there you have it; some of my favorite things in internet land. I hope you enjoy the sites as much I enjoyed writing about them. Now, if you’ll excuse me, I must go and surf.