Should we give up our reference?

[Magdalena Castaneda]

Jimmie, great, thanks for the wording I'll get this on my contracts right away.
Michele, another valuable perspective, important points.
Mike, now I will definitely find this discussion again for sure.

Thank you all for taking time out of your busy days to address this issue once again. Well, here goes.

All the Best, Magdalena

[Cynthia Leininger]

I thought these changes may enhance Jimmy's quote a little bit. I may sound like I am a nitpicker, I'm really not (honest!)

"I understand the reference photograph(s) of the model(s) will become the sole property of the artist. I may not sell, profit, or use in any form, the reference photographs or finished portrait for personal gain."

[Jimmie Arroyo]

I guess it would depend what you're doing this for.

My actual contract says "property of Jimmie Arroyo" not "artist". I should have made that clearer. I feel the use of your name is better.

I did'nt write "photograph" in case I'm sent a digital file as reference. I should maybe change it to photographs and digital files, or simply "visual material".

It may not be a portrait I'm working on. This would not apply to figurative work. It would be fine if for a client commissioned piece.

I used ''purposes" so it includes the use that is not for personal gain. Someone simply excited about having their likeness immortalized, may want to post it on their personal website just for the sake of showing it off, which I feel is harmless. I don't want the model posting the artwork all over the internet without my permission, then telling me it was in pure fun, not for personal gain.

There are flaws in my contract I'm sure that could be adressed more clearly, but so far I've only worked with people that have no modeling experience and are doing it for fun. A good search on the net would probably produce a tight contract that would apply to the individual's needs. If I remember correctly, I lifted my contract off a magazine, then added and changed things to better suit me.