I have been a Traveling Freelance Makeup Artist for the past year and i recently worked as a Key MUA for a Reality Series however i was told i couldn't use my pictures, but The main characters of the show have been using my photos and posting them... I never took photos on my own in an attempt to appear more professional but i did take photos of my work on my employers phone and she post them as well but told me i didn't have rights to the photos.This is about 4Months worth of work, using my own highly expensive products & draining my KIT. There was No contract when i begun because i was told after the 5th episode was filmed the contract would be drawn and i would be paid for all my work up until then but the she couldn't pay us until after the production company decided on which network to go with.The Reality series is schedule to premiere in fall & i have still not been contacted about my pay. I have Come to the reality that i was used because i was a Naive MUA happy to land such a huge job and the chances of me ever receiving a check for my work is slim to none but when it comes to photos thats something i wont accept.... Does anybody Know how i can go about this because i need my work for my portfolio, (especially if i can't rely on them for my check)????????
Well from now on I would get a pr person who researches the jobs and determines if the jobs right for you... But I would try and contact some one in charge on the show or station and ask for the check if not I would defiantly report it.
I would for SURE report it, don't let them take advantage of you. You deserve your pay for all your hard work & you need to bring up the rights to your photos issue as well. Don't let them screw you around girl! xx
Aug 13, 2012
Tierra C.
Your Completely right... i sent out emails to the company and I will be pursuing both issues.... i need rights to my photos, and my PAY!
ahhhh reality shows are really hard to work with! You have to make sure to read every part of that contract, and sometimes they word it to make sure you get confused. Reality shows for the crew, and the cast can get messy. They own the rights to a lot of things including your work.
Did you write up your own contract? In the future when you work with people, make sure you have parts of your contract that state rights to photos, and pay. that way if they break it, then you can take legal action.
For future reference, ny photos that any other member of the staff took can legally charge you for the rights to the images. HOWEVER, you can take photos of models/actors in your own chair, have the models/actors sign a standard release asking for permission to post the photo for non-profit reasons, and then post the photos that you took. While it was a really effed up and annoying thing that they did to you about the photos, they're within their rights.
If they haven't payed you, you need to take them to court. If you have a contract, you need to tell them that if you don't have a set time range in which you are to receive payment for services tendered, that you're going to sue for what you're owed. If they don't do it by that time, take them to court.
Aug 17, 2012
Tierra C.
Thanks Jacqueline... I have spoke with an agent and i now have a standard contract to present.. so i will be tweaking it as i get differe4nt jobs depending on what i should charge.. but i will make sure to stress that i need rights to my photos and paydates
Airi Thank you soo much i am seriously thinking about taking them to court for my pay. I have spoken to a representative for the company i was working with and they want to hire me for additional work on a magazine spread but i feel it would be a conflict in interest being as though i am still owed money for my previous work. and I will be taking ur advice on taking photos of the actors/models while in my chair and presenting a simple release form. I think that would be best to cover any future situations...
Re photographic copyright ! It is the person who takes the picture who owns the copyright but out of courtesy for the model/actor ask them if its ok to use the images! X
I had 2 YEARS of makeup taken away from me, never got my photos back nor pay from multiple photographers! (sounds stupid right?!)... things like this do occur, the girls have all stated great advice and I agree with them.
The simple answer is that as long as there's no contract between you and the company, that there are no rules. They don't have to pay you, and you have the right to your work. Until they have paid you in full, they do not own anything you created.
And the slightly more complex answer is that BOTH sides are in trouble:
1. They are in trouble because you have clearly been asked to perform a job. Since there is no contract, you could in theory sue them and get paid the market price for your kind of work, as well as damages for late payment, and for your trouble & suffering.
2. You are in trouble because you have performed the job, your KIT has been depleted, but you are not being paid, which means you may not be able to take another job unless you replenish your kit, which means more out of pocket spendings. They are not required to pay you in theory since there is no agreement, unless you sue them and prove that they asked you to perform the job (witnesses, photos, etc. but where are the photos? oops!).
3. After the show goes on air, your leverage increases by several orders of magnitude. They will have to pay you whatever you ask. It's all a question of whether or not you are going to sue, and how good of a relationship you have with the person who hired you from the production.
Some people might try to scare you by saying stuff like "If you sue you won't get more work in this field". That's rubbish. People who value their own time, and creative art, are valued by others. By suing for your money, you are sending a message that your time, and your work, are not worthless - it is all worth money. Preferably a LOT of money! :-)
Wow! Did you ever get paid for all the work you did? If not, definitely take them to small claims court and use any written correspondence (ie. emails, texts, invoices and receipts) as proof that you worked with them.
What did you sign for in your contract? Why are your surprised about this? If they breached their contract you know the law can get involved and you can get reimbursed, if not, irdk.
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Aug 11, 2012
Tierra C.
Aug 11, 2012
Ellen marley Y.
Well from now on I would get a pr person who researches the jobs and determines if the jobs right for you... But I would try and contact some one in charge on the show or station and ask for the check if not I would defiantly report it.
Aug 12, 2012
Tierra C.
Thank You for the advice i really appreciate it!
Aug 12, 2012
Jacqueline M.
I would for SURE report it, don't let them take advantage of you. You deserve your pay for all your hard work & you need to bring up the rights to your photos issue as well. Don't let them screw you around girl! xx
Aug 13, 2012
Tierra C.
Your Completely right... i sent out emails to the company and I will be pursuing both issues.... i need rights to my photos, and my PAY!
Aug 15, 2012
Jacqueline S.
ahhhh reality shows are really hard to work with! You have to make sure to read every part of that contract, and sometimes they word it to make sure you get confused. Reality shows for the crew, and the cast can get messy. They own the rights to a lot of things including your work.
Did you write up your own contract? In the future when you work with people, make sure you have parts of your contract that state rights to photos, and pay. that way if they break it, then you can take legal action.
Aug 16, 2012
Airi M.
For future reference, ny photos that any other member of the staff took can legally charge you for the rights to the images. HOWEVER, you can take photos of models/actors in your own chair, have the models/actors sign a standard release asking for permission to post the photo for non-profit reasons, and then post the photos that you took. While it was a really effed up and annoying thing that they did to you about the photos, they're within their rights.
If they haven't payed you, you need to take them to court. If you have a contract, you need to tell them that if you don't have a set time range in which you are to receive payment for services tendered, that you're going to sue for what you're owed. If they don't do it by that time, take them to court.
Aug 17, 2012
Tierra C.
Thanks Jacqueline... I have spoke with an agent and i now have a standard contract to present.. so i will be tweaking it as i get differe4nt jobs depending on what i should charge.. but i will make sure to stress that i need rights to my photos and paydates
Airi Thank you soo much i am seriously thinking about taking them to court for my pay. I have spoken to a representative for the company i was working with and they want to hire me for additional work on a magazine spread but i feel it would be a conflict in interest being as though i am still owed money for my previous work. and I will be taking ur advice on taking photos of the actors/models while in my chair and presenting a simple release form. I think that would be best to cover any future situations...
Oct 02, 2012
Nicol D.
In the future, no contract no work.
Oct 02, 2012
Sanchia F.
Re photographic copyright ! It is the person who takes the picture who owns the copyright but out of courtesy for the model/actor ask them if its ok to use the images! X
Oct 03, 2012
Editorial P.
I had 2 YEARS of makeup taken away from me, never got my photos back nor pay from multiple photographers! (sounds stupid right?!)... things like this do occur, the girls have all stated great advice and I agree with them.
Oct 05, 2012
Skaag A.
The simple answer is that as long as there's no contract between you and the company, that there are no rules. They don't have to pay you, and you have the right to your work. Until they have paid you in full, they do not own anything you created.
And the slightly more complex answer is that BOTH sides are in trouble:
1. They are in trouble because you have clearly been asked to perform a job. Since there is no contract, you could in theory sue them and get paid the market price for your kind of work, as well as damages for late payment, and for your trouble & suffering.
2. You are in trouble because you have performed the job, your KIT has been depleted, but you are not being paid, which means you may not be able to take another job unless you replenish your kit, which means more out of pocket spendings. They are not required to pay you in theory since there is no agreement, unless you sue them and prove that they asked you to perform the job (witnesses, photos, etc. but where are the photos? oops!).
3. After the show goes on air, your leverage increases by several orders of magnitude. They will have to pay you whatever you ask. It's all a question of whether or not you are going to sue, and how good of a relationship you have with the person who hired you from the production.
Some people might try to scare you by saying stuff like "If you sue you won't get more work in this field". That's rubbish. People who value their own time, and creative art, are valued by others. By suing for your money, you are sending a message that your time, and your work, are not worthless - it is all worth money. Preferably a LOT of money! :-)
Don't let anyone step on you. Ever.
Oct 31, 2012
Tanya R.
Wow! Did you ever get paid for all the work you did? If not, definitely take them to small claims court and use any written correspondence (ie. emails, texts, invoices and receipts) as proof that you worked with them.
Nov 12, 2012
Dania M.
What did you sign for in your contract? Why are your surprised about this? If they breached their contract you know the law can get involved and you can get reimbursed, if not, irdk.
Nov 12, 2012
Joey B.
you can put some kind of lien on the company thats why they are licensed bonded
Nov 12, 2012
Joey B.
you can put some kind of lien on the company thats why they are licensed bonded
Nov 12, 2012
Joey B.
you can put some kind of lien on the company thats why they are licensed bonded