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I've been doing a TON of modeling sessions since August.  One thing I'm having trouble with is models and make up artists copying and putting my images everywhere.  I'll do TFCD on a lot of shoots in order to try to keep costs down but in the past week I've had the following occur:

Two models that I shot three weeks ago have posted one of my pictures of them on the Facebook site of a local night club.  They are competing for a modeling contract with a modeling agency and they are doing runway sessions as part of the competition (I'm shooting the last runway session in the competition tonight).  Technically they are using the images for their own use, but I'm not too sure what the club is going to do with the images going forward.

A makup artist I worked with two months ago just "friended" me on Facebook.  I was surprised to see the image she is using for her profile picture is one I took of a model she worked on a month ago (it is watermarked).

A studio I shot at four weeks ago took an image from my company Facebook page and added it to theirs promoting the photo shoot and the studio...this lead to another photographer accusing ME of stealing an image from the studio because the studio had a prop that is relatively unique to that studio (a 10 foot tall Academy Award statue) - even though my watermark is on the image.

Should I even worry about these things?  How do you guys deal with it?

Promote themselves, yes.  Promote studios, no.  Promote makeup artists, no.  Promote night clubs, no.

You are not dealing with professional models & most of them are totally ignorant of copyright laws.

This is the price we pay for using Model Mayhem, Craigslist or Facebook talent.

Without any documentation saying otherwise, your giving photos to the models could easily be construed as giving them permission to use them for promotional purposes.  That could apply as well to the makeup artist and studio where the photos were shot.  In any event, if your watermark appears on the photos, what's the harm?  Heck, they're crediting you, which gives you promotional value as well.

Most releases have a "for valuable consideration" clause.  In a TFCD shoot, the images you provide are that value.  You should expect and encourage their promotional use, as long of course as they know they can't resell the images without your consent.

I for one would like to work with you guys to come up with a good TFP contract.  (But now that Ive put the offer out there, I don't have time to stray off the all-day-and-all-night job until I get back from Christmas though.)  If we could come up with a template together maybe we will meet all the essential points.

I do give models a TFCD photo release outlining what they are entitled to do with the files.  They are given full rez files for printing and websized photos with studio stamp for facebook etc.  They can use a non-marked photo on their own website..... and wherever possible add the line "photography by...."  Cannot strip metadata.   Cannot sell or be used commercially without my consent.  Cannot be integrated into a brand or an event, with or without compensation without my permission.

LOL I was surprized to arrive at a dance school recently and see larger than life window decals of my photos.  They were promoting their own studio, absolutely within the photo release - but I did stop dead in my tracks thinking "Wait a minute here....."

It's hard not to get worked up about these things Ed, but it's definitely a reality of the times.  If the makeup artist "stole" the image from you, tell her what she is doing wrong.  It almost seems that there is a different set of rules for Facebook - like no rules.  Never put anything on Facebook without your studio identity - because it WILL be reposted/stolen/abused.

Sorry, Ed, but they aren't doing it for free.  Those images are their payment, that "valuable consideration" your release likely mentions.  You aren't doing them a favor by giving them images.  You're trading, so don't assume you can restrict their use so severely without invalidating that release.

The new part of the problem, is this tradition began as "Trade for PRINT", didn't photographers hand over an 8x10 as payment with a "professional photo do not copy" stamped on the back?

TFCD (trade for COMPACT DISC) is a lot cheaper than running prints, but in the long run it may be more costly.  Especially if you are speaking of RM images like Ed and not RF. 

You might also consider only giving the models copies of pictures you don't intend to use yourself.

There's nothing to stop you carrying on offering the images for sale RM, you just aren't going to be able to offer any exclusive usage license terms. I guess that's the "valuable consideration" you've given away, but how many RM sales include exclusive usage?

I've never paid a model for Penny stock and never will One, because I live in Hollywood and can get as many as I could possibly shoot for trade. But, What i do after my first meeting with them is say. I'll shoot what you need and i'll shoot what I need. And they only get the ones I did for there needs. Not to many I've shot care about silly stock oriented stuff anyway. there actors mostly and thats a different format than stock and what I do for my own look. Everyones happy. makeup People?? I don't use them personally unless Im shooting for am client then it's there call.

Very Correct. I always have a pre-shoot meet with everyone and spell it all out.