LillithGreyWebLillith Grey has been lighting up the stage for over five years as a burlesque and fetish performer, musician, and emcee, and can frequently be found performing in the Dallas/Fort Worth area. She holds a master’s degree in psychology and a master’s degree in education, and is currently completing her Ph.D. in psychology. She has worked as a psychotherapist, educator, and social justice advocate, and currently teaches at a local university while working on her research. She travels extensively, teaching classes and workshops on a variety of subjects including relationships, communication, trauma, body image, sexuality and gender, and diversity issues. Lillith is also active in the Leather community, serving on the NLA-International Writing Awards committee and as a co-chair for the Women’s International LeatherFest. Visit her at www.LillithGrey.com for more information.

Have a question for our new advice columnist?  Please title your email “Lillith- _subject___” and send to editor [at] pincurlmag [dot] com

Dear Lillith:

A close friend and I perform together at a lot of small burlesque and variety shows. We started burlesque together and have worked together ever since, but lately we are butting heads. I really love performing with her but I am worried that our friendship is suffering because we work together. What can I do to make sure both our friendship and performances are strong?

-          Torn in Texas

Dear Torn in Texas:

The blending of personal and professional roles can be really difficult, but it seems like you are committed to working it out, which is a great start. This issue impacts a lot of performers and producers – since we are such a small community, we end up blurring the lines between friendship and business, which can lead to ruffled feathers, minor tiffs, or even major conflicts.

Since you two started your performance careers together, then it makes perfect sense that you’d be butting heads now. Burlesque is an art form crafted by time – when you first started performing; you probably approached your acts differently than you do now. As you’ve become more experienced, you have likely developed your own style and your own way of doing things, both on and off stage. You’ve probably also realized how much work is involved, and you may be developing a better sense of how dedicated you want to be. This kind of growth and development is a really important part of each performer’s journey. Allowing each other the space to develop independently, even if it means in different directions, is a marker of a strong friendship.

Think about these as two distinct relationships: a personal relationship and a professional relationship. They certainly blur together at times, and that’s part of what makes it fun, but don’t forget that they are unique roles that should be nurtured equally. If you come to a point where you are unable or unwilling to continue attending to those roles, it may be time to consider letting go of one or both of them. Since it seems clear to me from your question that you are hoping to maintain that strong friendship and continue perform together as well, here are some pointers to help you along the way…

Know yourself

One of the most important things that you bring to the table as a friend and as a performer is your own level of insight. The more you understand yourself, the better able you are to communicate your own style and find ways to support each other. If you know that you tend to procrastinate, you can ask her for support and friendly reminders. If you prefer having written choreography rather than memorized, you can say that up front and avoid annoyances down the road. Do you prefer to start rehearsals immediately, or do you like to chat a bit before beginning? Simply knowing how you work best and letting the other person know, leaves a lot of space for compromise and mutual understanding.

Small conflicts are usually indicators of underlying frustration or anger. If seemingly trivial things feel more important than they should, you may need to do some deeper reflection on how things are going. For example, if you are frustrated that she tends to be a few minutes late to rehearsals, a deeper reason might be that you are feeling like she doesn’t care about your work together. If she thinks you are too controlling about the choreography, it may be because she feels like her voice isn’t heard in the creative process. Similarly, things can carry over from other parts of your relationship. If there is something going on in the friendship, that will show up in your work together, just like these work conflicts are showing up in your friendship. Having well-developed personal insight can help create a safe space for open and honest dialogue.

Negotiate

Now that you’ve had experience as a performer, it’s probably time to renegotiate how you work together. Talk to each about what works and what doesn’t for you. How much time do you need to prepare for a show? How many rehearsals do you need? How frequently do you want to perform? Are you allowed to perform solo? With others? Do you consider this a hobby or a career? How do you want to brand yourself to your audience? Which shows will you be in? How much do you need to be paid? The list goes on and on…. Different performers have different preferences, but the problem comes when we don’t explicitly talk about these questions because we end up making assumptions about the other person’s wants and needs. Remember, if you’re going to work together, you’ll have to compromise, but it’s impossible to compromise if you don’t know what each person needs.

Having some level of personal insight will also allow you to negotiate your working relationship based on what your own needs and interests are. Talk about how you’re going to work together – if you are going to integrate social time with work time, decide how you will know when it’s time to work and when it’s time to play. I occasionally perform with a gal who has a “working notebook.” When the notebook’s out, it’s a signal that we’re talking business and we’re getting stuff done (usually while drinking wine and gabbing about whatever books we’re reading and our latest thrift store discoveries). When the notebook goes away, so does the business. It’s a nice way of integrating both while still being clear about boundaries and roles.

Communicate Effectively

Effective communication happens in person. Most of the time email and text do nothing to reduce tension or clear up misunderstandings. Instead, they perpetuate misunderstanding and create unnecessary conflict. A healthy dialogue allows space for complexity, clarification, non-verbal cues, emotional expression, and nuance, and it has a sense of give and take in the moment. Email and text offer none of those things. Emoticons don’t count as sharing your feelings.

Also, keep your drama offline. Keep. Your.Drama.Offline. Facebook and Twitter lull us into believing that we are just venting to our friends when we post overly emotional or derogatory messages online. We also tend to not recognize when we are creating or perpetuating drama because it feels so personal and so relevant at the moment we post it. The truth is that it comes across as inappropriate and disrespectful. It’s not only unprofessional; it’s also hurtful to your friendship. At tempting as it is, when in conflict you must avoid technological communication!

Another major pitfall in communication is passive aggression. This is a big one that a lot of women in our culture struggle with. Think about how kids are socialized, generally speaking: boys tend to settle their differences physically or verbally, and are encouraged to be assertive and stand up for themselves. Girls, on the other hand, are typically expected to be nice and gentle, so the necessary assertion of boundaries and needs has to occur in passive ways.

When you write a post on Facebook about “someone” doing something to you, when you make snarky comments about something rather than just confronting it head on, or when you tell lots of other people about a private conflict, you are acting out your aggression in a passive manner. This is particularly hard to deal with when you’re on the receiving end of it because it leaves you feeling unable to protect yourself – you know you’ve been attacked, but the manner in which it was done makes it hard to defend yourself. Dismantling passive aggression takes special attention, since many of us have had it ingrained in us since birth. Learning to communicate assertively and directly (albeit gently and kindly!) will smooth things out considerably.

It’s not show friends, it’s show business

I think one of the most difficult things about this art form is the financial side – this is an expensive lifestyle, with very little tangible reward. Whether you’re performing or producing (or both!), you have undoubtedly invested money – perhaps even a lot of money – into your work. Money is so important in our lives – when we talk about money we’re also talking about our personal sense of security, which can be a scary thing to feel unsure about. Many of us get very protective over that part of our lives, and understandably so.

If your friend is producing a show or bearing any sort of financial responsibility for more than just herself, it’s important that you realize how intense that is. At face value, it may seem simple – just rent a venue, hire performers, and sell tickets, right!? WRONG! Not only is event production much more expensive and complex than it seems, there’s also a great deal of emotional cost as well. When a producer signs a contract accepting financial and legal responsibility for a show; that’s a lot of weight. Depending on how big that weight is, she might have to make some decisions that you don’t agree with. It is important for you to recognize that when her money is on the line, her role has to be a professional first.

Even if she’s not a producer, she’s still investing money, time, and energy – and these are valuable resources!  You may have different ideas about how much of those things you are willing and able to invest in your work. You may have different plans about where you hope your path will take you. All of these “big picture” issues end up being manifested in small things, like how much time someone can spend rehearsing or how far they are willing to drive. If you can have a dialogue with her about where you see yourselves going and how you each intend to get there, you’ll have a better understanding about the physical, financial, and emotional cost of performance.

Moving forward

Power struggles are tough, but the good thing is that it means you both have strengths and are willing to be assertive about them. Many times when you end up in a power struggle, you miss the fact that the other person may have ideas that compensate for your weak points.  If you put down your boxing gloves for a minute, you can turn the situation into something that benefits of both you. For instance, if you butt heads about the creative direction an act will take, you might take turns being the “artistic director” for your acts. If you have conflicts about how the business side is being handled, talk about it and decide who will handle what aspects of the management. Maybe when one of you is creative director, the other can take on the business side (i.e. handling communication with producers, taking care of music prep, handling payment, etc.).

If it turns out that you are on two different paths, or if you continue to have conflict that cannot be resolved, then you may need to mutually renegotiate your working relationship in order to save your friendship. That does not mean you have to stop working together, but it might mean that things have to change. As you consider making a big change like that, remember that the development, growth, redefinition, and sometimes even the ending of a relationship can be a very healthy and empowering process for everyone involved. When you find that you are able to speak your truth and hear your friend’s truth without judgment, you’ll be able to navigate the waters of the personal and the professional with ease.

Editor’s Note: New Year’s is a time for resolutions and goal setting.  Why not make better communication and improving backstage demeanor one of them?  When we heard about Lori Madison’s “That’s My Boa Betch!” presentation at Burly Con 2011, we thought she would be the perfect gal to teach us how to reach that goal.

hands-off-my-pastiesThat’s My Boa Betch!: Your Inner Diva Strikes Back

by Lori Madison

Show day. In a whirlwind of sequins and eye lashes you rush out the door. To cool your heels, you mark your choreography on the ride over to the club. Call time. You are informed that the venue doesn’t allow glitter dumps. Panic makes its home in your chest as you realize the punch line to your act is all but ruined. 20 minutes to curtain. You and five of your colleagues are crammed into a space no bigger than a walk in closet with one mirror and a single halogen work lamp to share. The mix of nervous energies sucks the air from the room like carbon dioxide seeping from a rusted tail pipe. One of your cast mates decides to calm herself by singing loudly and slightly out of tune while painting her pout. Her seemingly joyous squeals seem more like nails on a chalk board to your ear. 10 minutes to curtain. A breath of fresh air and a potty break are in order. Upon your return you are stunned as you round the corner to find the lovely songbird indulging herself in a dance with your custom made ostrich boa. A heat builds in your stomach and rises to your throat. With all of your might you try to squelch it but it’s too late. The flames come roaring from your mouth charring the unsuspecting ego of your cast mate and singeing innocent bystanders in your wake. “That’s my boa betch!” An awkward silence fills the room. Your inner diva has reared her ugly head, stunning those around you into an uncomfortable submission to your will. But the show must go on. Making a special appearance tonight, a big, fat, pink elephant!

All too often, so many of us have been on the receiving end or the instigator of a similar scenario. Many performers push hard on their own personal boundaries each day while striving for growth and progress in their craft. We delicately balance emotions and rational while walking a very fine edge. Back stage antics and troupe dynamics can create unexpected challenges. A slip to the wrong side of the edge can easily cause a girl to flip her wig. Let’s face it, being a showgirl is less than glamorous. It’s really hard work. But we all can agree that blowing your top like a volcano is no solution to a difficult situation. Explosive communication creates distance between you and your colleagues . It ultimately leaves you feeling deflated. With the same dedication we apply to our creative pursuits, we can learn to become skillful communicators without disrespecting our colleagues or ourselves.

The first step in transforming our unskillful way is to recognize the commonalities between us. What makes life more fabulous? Not just for ourselves but for those around us? Joy. Joy is the thing that all beings seek. We seek it for ourselves and we seek to bring it to others. Perfect! That’s why we all became glittering burlesque stars right?! So what’s the problem? Why do we claw each other’s eyes out if we seek the same thing? Your idea and her idea of joy may not be the same thing. So there you are standing on two different sides of the same dressing room, having two different experiences, while a deep ravine of misperception divides you. Only one choice for a real solution exists: To build a bridge of compassion. By building that bridge you begin to recognize language that actually blocks compassion. Marshall B. Rosenberg, PhD, founder of The Center for Nonviolent Communication and the author of Nonviolent Communication: A Language of Life, suggests that moralistic judgments, blame, insults, comparisons, diagnoses all block the flow of compassion from one heart to the next. The use of phrases such as “makes me feel like” or “have to” clouds our awareness of personal choice in our feelings. Requests as demands threaten the listener with blame or punishment if they fail to meet your request. By allowing a brief moment of self-reflection:  “What will make life more fabulous for myself and my colleague?” the river of compassion will flow from heart to heart, allowing you to communicate your needs more efficiently.

Once the river is flowing, you can use Nonviolent Communication as an effective tool by dividing your communication into four components: Observations, Feelings, Needs, and Requests. Like any healthy tree, your tree of communication must have healthy roots. Most of us entangle our observations with judgments causing others to hear criticism. “That’s my boa betch!” The use of the word “betch” is clearly an evaluation based upon an uninformed surface level response.  Back to square one, shouting at your colleague across the ravine. By separating observation from evaluation you can focus on the facts. You observed your colleague dancing with your boa. This does not make her a “betch.”

Now that you have your facts straight you can clearly identify your true feeling around the conflict. “That’s my boa betch!” was stated out of an emotional response but does nothing to communicate how you were feeling when you saw her with the boa. In fact, that statement will likely escalate her to a reactionary state in return. Angry, frustrated, agitated, nervous are all very clear identifications of feelings, however the way you incorporate them into your speech affects how the listener will hear them. “You make me angry when you play with my boa” is a common way one may choose to communicate a feeling. The use of the phrase “you make” distracts responsibility away from you, the feeler, and places the blame solely on your colleague. By simply stating “I feel angry” or “I am angry because you are dancing with my boa” your colleague will  more likely hear your needs and request.

By taking responsibility for your feelings you can begin to understand the root cause for your reaction. You had a need which was unexpressed and unmet. Before we identify the need, let’s examine the events leading up to the appearance of your inner diva. Nerves were already on edge as you rushed from the house to the venue. Upon arrival, a sense of control was taken from you when you were told you could not use glitter in your act. As you entered the dressing quarters your personal bubble was invaded by the squawking of your boa dancing nemesis. Agitation had been building long before you observed her with your boa. So what was the need? It was a need for order, a need for organization, a need for control, a need for respect. You may choose to acknowledge your need by stating, “I feel angry when you dance with my boa because you don’t respect me.” The observation of the action and the feeling were both clearly communicated without judgment, however the need was not. Stating “because you don’t respect me” makes a judgment about your colleague’s opinion of you. A more effective way to communicate your need might be to state “When I see you dancing with my boa I feel frustrated because I need respect for my personal space.” This statement extends the bridge of compassion across the ravine to your colleague who is now more likely to hear you because she can relate to the need for personal space.

With all this beautiful communication you’ll be winning the award for Miss Congeniality in no time! But not so fast, it’s time to put your new found skills to the test by making a request. Consider using positive action language and be as specific as possible. Ask for what you want; don’t ask for what you don’t want. “Don’t play with my boa” would be the common request from the untrained glitterati. But remember your original intention. How can life be more fabulous? A more effective request may be “I would like for you to ask my permission before touching my personal belongings.” This lets the listener know exactly how she can help make your world more fabulous. This statement leaves some room for you to make her world more fabulous too. It implies that for her to experience your luscious boa all she need do is ask for permission. Once the request is made, allow space for your colleague to respond to what you’ve said. This creates an opportunity to be sure that your request has been received clearly. You may gain better understanding for why she chose to dance with your boa without seeking permission. Be aware that requests can quickly turn into demands when you judge or criticize your colleague’s response. Be prepared to let go of any expectation. The goal of Nonviolent Communication is not to get your way, but to learn to communicate without disrespecting yourself or those around you.

“When I see you dancing with my boa I feel frustrated because I need respect for my personal space. I would like for you to ask for my permission before touching my personal belongings.” The bridge has been built and both parties now have the opportunity to cross freely from one side to the next and back again. This is open dialog.  When you feel the fires of frustration churning in your stomach, stop, close your eyes and breathe. Your inner diva speaks to you with wisdom. “I have a need; a need for my world to be more fabulous.” Open your eyes and acknowledge that your colleague has an inner diva too, and she’s saying the same thing.

Sources

Rosenberg, PhD, Marshall B. Nonviolent Communication: A Language for Life

Encinitas: Puddle Dancer Press 2003

Rosenberg, PhD, Marshall B. Speak Peace in a World of Conflict

Encinitas: Puddle Dancer Press 2005

Lori Madison performs as Madison Moone

Lori Madison performs as Madison Moone

Lori Madison is a pioneering burlesque performer, producer and educator residing in Portland, Oregon. Relying on her BA in music performance, Miss Madison has successfully produced an extended run of her one woman show Madison Moone’s Burlesque Revue and currently co-produces Orchestre L’Pow! presents Dames and Games and Orchestre L’Pow! presents Big Time Burlesque. As a soloist she has performed as Madison Moone on premier Northwest stages such as The Triple Door, The Rosehip Revue, The Bossanova Ballroom, The Can Can Cabaret, and Dante’s. As an educator, Miss Madison has been operating a busy private music lesson studio for the past fifteen years, as well as being currently enrolled in a 500 hour yoga alliance training program while volunteer teaching for the revolutionary nonprofit organization Street Yoga.   Lori Madison leads burlesque performance workshops at She Bop in Portland, Oregon; she presented her revolutionary workshop That’s My Boa Betch! at BurlyCon 2011 in Seattle, WA.

shocked_woman_computerJanuary is time for new beginnings, self-improvement, resolutions, and a fabulous time to focus in on your burlesque business. What’s the number one representation of you and your business? Your website! Here are the basics to developing an effective DIY website in five manageable steps:
1. Step One: Realize that you need an actual website. Facebook, Twitter, Google Plus, and whoever else does not count as a website! As a producer I do not want to have to log in, friend you, or sift through a ton of crap I don’t need (your birthday party photos) just to find the information I do need. I want to learn about you as effectively and efficiently as possible- and that’s certainly not a social networking site. Social networking is incredibly important- but does not replace an actual website. MORE
2. Step Two: Buy a domain name. This is super cheap- less than $20 a year.
A. There are a million arguments about this and you can research the pros and cons on your own, but a .com address far beats out any other address you can have (.org, .co, etc) Why? Because everyone has been conditioned to type .com after everything.

B. What if your burlesque name- Jane Doe isn’t available? Try JaneDoeBurlesque.com or JaneBurlesque.com or any one of a number of combinations that fit your name, persona, profession, and location or some well-thought out combination of the previously mentioned items.
3. Step Three: Buy hosting. In short, without hosting, no one can view your site. I like cheap, reliable, and good customer service. For that reason I like GoDaddy- but there are hundreds to choose from. Either online or by phone, let them know you now own JaneDoe.com and would like to host it. For around $49 a year you will have JaneDoe.com live on the internet. Usually there is a “this website is parked” page until you actually upload content.
4. Step Four: Pick your poison. If you are determined to do it yourself, and have zero desire to learn html, the easiest and fastest solution is a template. There are a million to choose from, ranging from free to $100 a year and up. You can choose Weebly, Wordpress, Squarespace, or anyone of a wide range of options. Depending on your choice the options will be as follows:
A. You will set up a redirect. For this option you will choice a template and upload all of your information and design your site. When you have it to your liking, you may be stuck with a long address like www.janedoe.weebly.com – no one will remember that & it’s too damn long for a business card. A redirect is your solution. Inform GoDaddy (or whoever your host is) that you would like JaneDoe.com to redirect to www.janedoe.weebly.com This means that the user will type in JaneDoe.com and be magically taken to the new longer address without them doing anything else- brilliant!
B. The second option is that you have downloaded a template, plugged in your information, and now have to upload it appropriately. If you selected a good hosting company, they will walk you through the process (the process is different for every company) either online or by phone, and you will have your new site up and running!
5. Step Five: Content. So what does every effective burlesque website need? [Pin-Up Models have different needs. Click HERE for more for models.] As a producer, there are six simple things I want to know:
A. Who are you? I want a bio and a professional photo. MORE ON SUCCESSFUL PHOTOS I don’t want some fairy tale type bio about how you were raised by wolves, or magically appeared on a seahorse (both examples are actually taken from burlesque bios) I want where are you from, what is your style, what is your signature number, where have your performed, how much experience do you have. A successful bio can be anyway from one to three paragraphs. Be concise, informative, and let your personality shine through. Are you a comedian? Then your bio should be funny.
B. Videos. I am amazed at how many performers don’t have videos on their site. I need videos! I want to know how good you are, what’s your range, and if you have any numbers in your arsenal that fit what I am looking for. If I’m a fan- I want to watch my favorite performances over and over. What do I not want to do? Search through countless craptastic videos on YouTube looking for a decent performance of yours. Think about it- every schmuck who’s ever filmed you with a camera phone anywhere you’ve ever been has tagged you in their video on You Tube. I don’t want to have to watch all of that to get to the one acceptable video of you. Post the videos you want me to watch on your site, so I don’t judge you by the crappy ones.
C. Performance Menu. What are the numbers you are known for? Do you have something that fits the show I’m currently booking? What’s your arsenal or performance resume? Provide a photo, description, and video (of possible) of each number.
D. Gallery. I want photos of you, both live performance shots and studio shots. Of course, low res photos are plentiful and pleasing to the fan, but as a producer- you can save yourself a whole lot of time, if you have high res photos available for download on your site. Jonny Porkpie does this really well EXAMPLE Here I can download images that I know are ok to use in promotions (posters, media, flyers, etc) and I don’t have to bug him at all- simply choose the ones I want and grab ‘em. More on high res
E. Contact Info. I want to know every way to get a hold of you as quickly and obviously placed as possible. If media should go one place, and bookings go one place, and fan mail another- I want to know all of that.
F. Past Media Coverage. Is there a fabulous quote about you floating in the media or a previous interview? I want to know that so I can use it in my press release. Is there a hilarious tagline someone in the press gave you, or a particularly informative interview? Post links so I can read it and pull from it.
**Keep ‘em coming back!: So you have your website and you’re super proud of it- good job! Now how do you keep people coming back again and again? There are a few keys to this, the first being a blog. Having a blog embedded in your site (Wordpress has good options for this, as do countless others) gives fans a reason to keep coming back again and again, while giving producers a good feel for who you are. The second most important tool is new and fresh photos. Keep adding to your low res gallery, while losing the stuff that is old or outdated. This keeps things fresh and makes you appear on top of your game. MORE

As a photographer, burlesque producer, and magazine editor, I have a lot of experience with photographs.  Here are a few tips and tricks for building a quality portfolio that will get you noticed!  I have divided the information into two volumes.  This article focuses on burlesque entertainers, while Vol. II, which will be published in the February Issue, focuses on portfolio building for pin-up models.

By: Shoshana

The Do’s and Don’ts of Publicity Images for Burlesque Entertainers

1. Do send real high resolution images- Size Matters! I cannot tell you how important this is.  In the digital age, it is very easy to tag & snag images from sites like Facebook, or live shots from online media sources.  This is not the same as having a high resolution image. A high resolution image is at least 300 dpi/ppi, AND either 1000 pixels (or 8 inches) in at least one direction. It must meet both of these criteria to be high res.

You cannot artificially make a low res image into a high res image simply by changing the numbers in a photo editing program. The print quality still sucks, because even though your numbers are correct, you have taken that small amount of digital information and spread it over a larger area, making the image grainy or pixilated.  The original source file must be large enough to qualify as high res. in order to have good print quality – period.

Do Not Shrink Them to Email!- The bigger the better!  If sending them one at a time is still too much- try zipping them, or use an external free program such as Dropbox or You Send It.

Here is a great example of a crisp clean image & solid background making a huge difference.  Angie's image immediately draws you in (your eyes are always drawn to the lightest spot on any canvas- so white is a great choice!) and is a great promotional shot.  It works for a Christmas show, but she can get much more use out of it than a themed Christmas shot.

Here is a great example of a crisp clean image & solid background making a huge difference. Angie's image immediately draws you in (your eyes are always drawn to the lightest spot on any canvas- so white is a great choice!) and is a great promotional shot. It works for a Christmas show, but she can get much more use out of it than a themed Christmas shot.

2. Do invest in at least one professional photo shoot. If you are taking your burlesque seriously, you should take your image and likeness seriously as well.  You are creating a persona that will be your calling card- represent it well.  Just as you want to be paid for your time, quality, and professionalism; photographers deserved to be paid for theirs as well.  Remember, you get what you pay for.

If you can only afford one photo shoot start, that’s ok- make it count!

A: Do: Shoot indoors, with a professional studio lighting setup. These images will be used on flyers, and hopefully in the press.  For flyers, a uniformity is always good- rather than looking like a high school scrapbook- a well designed flyer is crisp, clean, and professional looking- a cornerstone of that is having quality images to work from.

Do Not: Outdoor shoots (backgrounds of grass, fences, streets, or brink walls), live shots (odd lighting, blurred body parts, motion in hair), and girl with car images are too distracting and busy for most flyers. Also stay away from themed or conceptual shoot as your only images. (More on that later)  Also, images not properly lit will be incredibly unflattering, or very underexposed leading to a grainy & pixilated quality.

B. Do: Seek a clean, crisp, background. You want to shoot a clean shot (free of props, busy backgrounds, crazy sets, etc.)  If the designer who will create the flyer/poster/ad etc.  keeps the backgrounds of the images- s/he can use the solid background and easily change color etc., by contrast if the design idea is to create a visual montage or cut the background out and put on something else, a clean solid color background works best.  It’s a win/win.

C. Do: Instruct the photographer you need headshots, ¾, and full

A great example of showing personality in your shot, shooting in your best costume, the need for a solid, crisp background, and both full length and headshots.  This poster combines all of those things beautifully, and is a great example of the designer both using the original backgrounds, and cutting it out- in both cases, solid and bright is easiest.

A great example of showing personality in your shot, shooting in your best costume, the need for a solid, crisp background, and both full length and headshots. This poster combines all of those things beautifully, and is a great example of the designer both using the original backgrounds, and cutting it out- in both cases, solid and bright is easiest.

length shots. Each producer formats their flyers differently, and you want to be prepared.

D. Do: Shoot in your very best costume. If possible, pay for additional costume changes, if you only have one shoot- make it count!  If you have a signature number- make sure to shoot in that costume.

Do not: Bra and panty, nude, and pastie shots are fine for extras, but are rarely usable as images on flyers, posters, or in the press.

E. Do: Show your personality in your shoot. If you are an extremely versatile performer- include all sides of you.  IE.  Have a general showgirl shot, a dramatic shot, and a laughing cutesy shot.  It’s all about having the most bang for your buck in versatility.

3.    Do not: Over Photoshop or send Soft Images. Crispness and clarity!  While its fine to go after stretch marks, pimples, scars, etc with your healing tool, you do not want an over-photoshopped image for many reasons.  One, is that you can only Photoshop so much before your image is either completely fake looking, or has no tack sharp clarity.  Soft images are one without a defined point of focus (a tack sharp section of the image).  I want to be able to count your eyelashes when I blow you up to poster size to promote an event or put you on the cover of a magazine.

The second reason is simple, you want producers, fans, etc to be impressed when the see you in person, not let down because you look nothing like your incredibly over-photoshopped images.  Who wants to disappoint at first meeting?  If you are 40, look 35 in an image, not 25.  If you are a size 12, don’t try and make the photographer take you down to a 2.

A perfect example of a holiday flyer that has only one true Christmas image in it, but all of the images work together to convey a winter/holiday theme.  The solid backgrounds on each made them easy to work with, and they are all tack sharp. Jo Boobs' photo is a perfect showgirl shot, and one she can use again and again for all kinds of publicity articles/posters/media, etc.

A perfect example of a holiday flyer that has only one true Christmas (and I appreciated that she had one) image in it, but all of the images work together to convey a winter/holiday theme. The solid backgrounds on each made them easy to work with, and they are all tack sharp. Jo Boobs' photo is a perfect showgirl shot, and one she can use again and again for all kinds of publicity articles/posters/media, etc.

4. Do not: invest in a themed or conceptual shoot, unless you have the basics down. It’s all about versatility.  Your showgirl image on a white background will do so much more for you than a “Santa Baby”, “cowgirl”, “naughty nurse”, “blood and horror”, type of themed image ever will.  Once you have the basic press kit together, it’s fun to add to your book with themed shoots, such as holiday themed shoots- which are great as there’s usually several holiday shows every year, or cowgirl or valentine images.  You’ll certainly get use out of them at some point, and they are good to have, but if the only professionally shot image of you that you have is a Halloween image- you can’t take that very far.

5. Do: Update the images in your press kit at least every six months. This is where those live shots, trade offers (I will shoot you for free in exchange for this), and themed and conceptual shoots come in handy.  Once you have the basics down, you can work on building either based on certain shows you want to be in (IE, so and so does a fabulous circus themed show- so I want circus themed shots, etc.), holidays, or companies you want clothing/costumes/props from.  Fans and producers should always find something fresh in your portfolio, both on Facebook, and your personal website.  I know Facebook and blogs are often easier to update then your website- but it is important that your website remains fresh and accurate as it is the “official” representation of you and your work.

Avoid your portfolio becoming outdated by removing images that are old, or of retired numbers. As a general rule, if the image is three years old- toss it!  This may mean sometimes parting with your favorites, and it’s very hard, but is worth it to appear fresh, organized, and on top of your game.  If there’s an image you simply can’t dump- create an archives section on your website, so the image is still reachable, but not something you include in a press kit anymore.

6. Do: Be careful who you shoot with. Outside of the obvious safety concerns- there is the obvious truth that your image matters in this business!  Shooting with sub-par photographers and hobbyists can hurt you.  (Now there are plenty of talented photographers who choose to make photography their hobby as opposed to full time work.  I respect that- those guys & gals are not who my comment is directed at.)  In a digital age where anything and everything can be found with a few clicks, you do not want sub-par images of you floating around.  Poorly lit, unflattering, or “cheap looking”, photos can hurt the professionalism you are trying to convey.  You’ve seen ‘em- you know what I’m talking about.  Does this mean you can’t seek out free photo shoots?  No, it just means a lot of research on your part to make sure the project is one you want to be a part of and the photographer is worth working with.

7. Do: Have permission. Make sure your photographer knows you want the images for promotional purposes and that you will be sending/posting them everywhere.  You can run into serious legal trouble using images without permission.  Do not assume that because you paid for the shoot that you own the images- because you don’t.  For more on the laws regarding photography, usage, and copyright; check out our Copyright Law: Myths vs. Facts article.

Some Basics of Music Licensing for Burlesque Performers

The popularity of live burlesque performance has exploded in a major way in recent years, and music is a central element.  But how do performers, producers and venue owners/managers get permission to use all of that music, ranging from jazzy standards to show tunes to current pop songs to classic rock and beyond?  Music licensing–a fairly complex and involved process.  Music licensing issues are addressed under the Copyright title of the United States Code. [1]

The way that music is used in burlesque performance impacts the entire essence of the show, but the costs to license certain songs may be very high or the songs may be unavailable altogether.  The most famous example of a song that has not yet been made available for licensing for any purpose is Led Zeppelin’s “Stairway to Heaven.”  You might remember the scene from the movie Wayne’s World where there’s a sign in the guitar shop that says “No Stairway to Heaven.”  That’s an inside joke about music licensing!

No one, especially an up and coming performer generating exposure (pun intended!) in the industry, wants to be placed in a situation where unlicensed music causes problems or results in what is called a “cease and desist letter” to stop using the music without permission.  Failure to comply can result in legal action, which is costly and time-consuming.

To avoid problems, a performer should use original music.  But of course that is unrealistic.   Ideally, the performer and show producer will get together as soon as possible and compile a wish list of songs early on in the process.  The next step is to go to the websites of the three major performance rights societies to determine who controls the song, and who the songwriters and publishers are.  The three websites are www.bmi.com (Broadcast Music, Inc.), www.ascap.com (The American Society of Composers, Authors and Publishers), and www.sesac.com (Formerly the Society of European Stage Authors & Composers, now with a global reach, known simply as SESAC.

The performance venue, such as a theater or club, may already have what is known as a blanket license with BMI, ASCAP and/or SESAC.  There is often some sort of sticker or decal visible on the door or other location (such as a DJ booth) indicating that the venue is in compliance with one or more of the performance rights societies.

Two licenses are necessary to obtain if the pre-existing song is to be used in film or broadcast media, such as a concert DVD or documentary: a Synchronization License and a Master Use License.  The Synchronization License is to obtain permission from the composer or publisher.  The Master Use License is to obtain permission from the copyright holder, often the musician or record label.

The interplay between the two licenses is unique and can be frustrating, especially when trying to get a price quote for a license.  A lot of the time, proof of having obtained one of the licenses is necessary to obtain the other and the cost of one license may be dependent on the cost of the other license. .  This can be quite annoying when faced with a situation where the licensor of the Master Use License requires proof of a Synchronization License in order to even give a price quote for the license.  Also, the quoted prices can vary depending on the use.  Music rights for a concert DVD are likely to cost more than a documentary project with social or historical relevance.

On a closing note, music licensing has far-reaching impact that even extends to restaurants and our everyday lives.  The most famous American song of all time that continues to have copyright protection is “Happy Birthday” by Patty and Mildred Hill.  All those clever unique birthday songs you hear at restaurants are by necessity, rather than design.

Incredible but true, in order to publicly perform “Happy Birthday”, a license needs to be obtained or a blanket license be in effect for the venue.  The song is not due to pass into public domain in the United States for another twenty years — in 2030.  So, be sure to think ahead if you want to duplicate that famous very burlesque moment in the early-1960’s when Marilyn Monroe sang “Happy Birthday, Mr. President” to JFK!

This article is intended to be informational: an overview of some music licensing basics, and is not to be construed as legal advice. It is recommended that you consult an attorney regarding the specifics of your issues in this area.

Brian Landa is a Partner in the firm Landa & Landa where he practices Labor & Employment and Entertainment Law.  Contact: BrianLandaLaw@aol.com, Website: www.LandaLawyers.com.

For our Copyright Law: Myth vs. Fact regarding Photography click here


[1] 17 U.S. Code 101 et. seq.

Cyan Banister, founder of Zivity.com talks safety nets for models.

Too often, female models don’t understand their rights nor do they feel confident to say “no” to a photographer when asked to do a compromising pose.  

One of the most pervasive misconceptions about a photo shoot is that the model is in control. The reality is, too often the model releases creative control when she signs the contract. Any questions or input asked of the model during the shoot are merely perfunctory.

Furthermore, any photo taking during the shoot can be published – even if the photographer says “it’s just for fun,” or will “never be used.” More This is why models need to understand how they can regain control of photo sets. I’ve worked in the business for years, as a model, photographer and businesses owner. As a result, I have a strong understanding of each professional’s viewpoint. Here are my five recommendations for models:

1)    Ask questions about the contract. Most photographers don’t want you signing something you don’t understand. Therefore, you should ask questions about any part of the contract you don’t understand. If the photographer can’t provide a satisfactory answer, it should be removed from the contract.

2)    Sign in advance.  Don’t sign the contract on the day of the shoot, there is too much pressure and too many activities competing for your attention. You should review and sign the contract in advance of the shoot.

3)    Ask about nudity. If you don’t want to be in a nude shoot, explain this up front and discuss the details of your limitations with your photographer prior to the shoot. This should be a written addendum or corrections to the contract you are signing.

4)    Know your limits. Before the shoot, spend time thinking about what poses you will say yes to and what you won’t. Then, be prepared to walk out.

5)    Bring a friend. You should always have a business partner, friend or anyone you trust at the shoot. It is hard to know in the moment if you are being put in a difficult situation, but a friend can be a second set of eyes and can pull you aside if something doesn’t seem right.

Black Mariah in Alice in Wonderland Shoot. Photo: Through the Looking Glass  www.DallasPinUp.com

Black Mariah in Alice in Wonderland Shoot. Photo: Through the Looking Glass www.DallasPinUp.com

April is tax month, so we thought it would be a good time to ask local burlesque entertainer Black Maria, who just started her own company — Fastenating Things, to share what she’s learned about entrepreneurship.

Starting your own business
By: Black Mariah

So you have a good idea, a business, and you are ready to sell, sell, sell. Whether you are selling merchandise, a service, or a performance, steps to becoming making your company legit or even becoming a self-employed individual can seem like an overwhelming experience. Having recently started my own business, here is a how to guide to making your stimulus package.

First, to do anything as a legitimate, recognized business, you need to register your business name with the local county clerk’s office. You do not have to register in every county, but you do need to register in the county in which you reside. You will need a valid, government issued, photo ID like your driver’s license, State ID card, anything that proves that you are who you say you are. Go to your local County Clerk’s office and ask to register your business name or file a DBA which stands for “Doing Business As” or an “assumed name certificate”.

No you aren’t changing your legal name. This is just a state document telling the rest of the world what your business name is, or who you will represent. You will need to search the database in your County Clerk’s office to make sure no one else is using the business name you intend to use. If you do happen to find the name is already in use, you will have to choose a different name under which to do business. Once you have cleared the use of your intended business name, you will need to register the name.

You will have to choose what type of business structure you intend to use. Your choices are Sole Proprietorship, Corporation, or Partnership. All have their legal and tax advantages and disadvantages, and you will need to understand them to know what type of business structure you need. Also know that when you register your business with your county clerk, your personal information is sold to any company who will pay to use it! Your phone number and address of which you have registered the business to reside will be bombarded by companies attempting to sell their services to your new business. Merchant services, health insurance, burglar alarm companies, the Shriners, anyone who will pay for your business’s phone and address will be calling you all hours of the day. Better upgrade that phone plan now!

A Sole Proprietorship simply means a business with a single owner. Under a sole proprietorship the individual names on the DBA will be the only person allowed to open the bank account for the business, and file all necessary paperwork regarding the business. In this case, you will use your own social security number for your Employer Identification Number (EIN). This is the number under which you will file taxes for your business.

A Partnership or general partnership is just like a sole proprietorship only with multiple owners. All individuals must be present at the time of filing a DBA to become a partner. All of the company’s assets and losses are divided equally among the partners. Liability for the company is also divided equally among the partners. In this case, you will need to apply for an employer Identification number (EIN) which you will be issued a 9 digit number. Even though all profits flow through to the partners and are reported on their income tax, a tax filing identification number would be required to open a checking account and apply for a sale and use tax certificate, rather than using one person’s Social Security number, an umbrella EIN covers the company. There are other types of partnerships, which are Limited Partnership (limited liability but limited input regarding management) and Joint Venture which is generally for a one time or short term project. In all cases, a partnership, although easy to form, should take the time to draw up a partnership agreement that sets forth how decisions will be made, profits will be shared, disputes will be resolved, how future partners will be admitted to the partnership, how partners can be bought out, or what steps will be taken to dissolve the partnership when needed.

Sole Proprietorships and General partnerships are the easiest and least expensive to own. Profits from the business or proprietorship flow directly through to the owner’s personal tax return. The owner(s) are in complete control of the business and have the authority to keep or reinvest the profits. Disadvantages are that in either circumstance of business ownership, each have unlimited liability and are legally responsible for all debts against the business. Their business and personal assets are at risk. In layman’s terms, if your business fails with debts against it, or your business is sued for whatever reason, the litigants can take your company’s assets as well as your personal assets to cover all damages and loss. It is also more difficult to raise capital for a Sole proprietorship or general partnership as their assets are usually limited to personal investments and small consumer loans.

If you are a simple company and don’t intend to have any large liabilities (clients could have an accident while on your property patronizing your business or suffer loss from your product) then the Sole proprietorship or general partnership may be the way to go. My business is making and selling pasties, tiny top hats and burlesque related costumes. My products so not pose any danger to the consumer, and I don’t own a physical store front so the there is no property liability where an accident could occur. I also don’t intend to have any large debts (investment in high dollar equipment or loans to purchase merchandise). I have a sole proprietorship and that works quite well for me.

The other option for creating a business is a corporation. There are a couple of different types of corporations, one you may have heard of in the burlesque community which is an LLC. An LLC is a limited liability company. That means that a company member’s liability is limited by the amount they invested in the company. Your (and your co-owner’s) personal property and assets are not at risk in case of business debts or legal obligations. This is the best choice if there are any investment risks in your business. Dancers can become injured, patrons can fall and become injured, venues can take your deposit and fold before your doors even open, and clients can neglect to pay you for your performance. It’s a negative possibility but a very real possibility. When time, or money is invested in the prospect of a contracted business transaction, limiting your liability in case the worst happens, is the best choice. Taxation is different per the type of corporation, but if this is the route you intend to go, definitely know what your tax responsibilities are before you even make the first sale.

After you have registered your business and filed and received your EIN number if necessary, you will need sales and use tax permit. Sales and use tax permit will allow you to conduct business and collect sales tax for your retail goods, services, leases and rentals. You must have a sales and use permit as a legal business to sell anything. Your Sales and use permit gives you the advantage of purchasing goods at wholesale cost with the intent of resale, as well as purchase goods or services tax free if they are intended for resale (because you will be collecting Sales tax on the item when you sell it to your customers). What you can’t do is use that sales and use tax permit number to purchase items or services for your personal use or consumption. Everything dollar you sell to a customer must have the state and local sales tax collected with the sale price. You will be required to keep detailed records of your transactions as this will reflect how much sales tax you will be responsible to pay to your county clerk. Most county clerks require businesses to pay sales tax quarterly. You will need to figure out your sales for each quarter ending, and figure out the sales tax you will owe. Some counties offer a discount for paying your tax early, but all will impose a hefty per day penalty for delinquent sales tax owed to the state. Business owners must pay close attention to their sales tax owed as fudging or guessing the numbers is a quick way to get an audit from the IRS.

Payment options are the best way to double and even triple your income. From experience as a vendor at many shows in the area, the option for my customers to pay by credit card has opened up the potential of income tremendously. Cash sales are strictly limited to the exact amount in the customers on hand disposal or the off chance there is a nearby ATM machine. Opening up your payment possibilities to credit cards assumes some risk, the risk is very small in comparison to the lost sales you would have by only accepting cash. If you would like to accept credit cards, you will need to set up a merchant services account. Each service is different and the fees are as diverse as the merchants themselves. Do your homework and invest time and research before signing a contract with any of the Merchants. Make sure all of the fees and billing dates are clear and you know exactly how much the merchant is going to charge you per month to accept credit. You can get monthly fees down to $10 per month and some can negotiate no annual fee and a small percentage per transaction. It’s your money, so make sure you are paying the least amount of fees you can for the service. Merchant services can offer you endless possibilities for accepting credit cards, from the manual carbon copy credit machines, to wireless, to a card reader that hooks into your laptop through a USB connection. Some Merchant services even offer an iPhone app to run credit cards through your phone on site! Consider the environments you will be selling when choosing the type of equipment you will need; if there will be phone jacks with a line available to you to use, power outlets, any sort of internet connection at all, or will you be selling in a store front, or not in public at all, maybe everything you sell is online. In any case, the merchant services can tailor your equipment needs to your selling environments.

Finally get your name out there! Branding and marketing is vital to getting your business competing with other businesses for your client’s dollars. Branding your company is directly responsible for the success of your business. Stick with one logo and font style, as this is the way to make you a memorable vendor to your customers. Consider Coca Cola with the solid red and white cursive text logo. Coca Cola’s recognizable to even consumers who do not speak English. Business cards leave a visual impression on potential clients, have some on hand at all times and always hand 2-3 to potential customers. One business card is for the customer, and a few for the customer to pass along should they encounter anyone who happens to need your services. Always place a card or flyer with the product you sell to the client. Websites and social networking have replaced in person business networking meetings, and vendor booths and e-commerce sites have replaced store fronts. The advantage of the World Wide Web has changed the way we do business and by alleviating the need for leased space or any operational overhead, it has opened up the opportunity of owning your own business for many more people!

Vol. I: Almost Everything You Need to Know About Copyright Law Regarding Photography

Article: Shoshana

After receiving a degree in photography, and taking an entire year in photo business and law, I thought I knew all the answers to folks copyright questions regarding images. Then I started receiving a ton of questions that I couldn’t answer, so I started researching for this article. I was surprised to learn how much the laws regarding copyright and case law on the subject favors the photographer almost always. I found very few situations in which the models had any rights at all, and in the cases that swung in the model’s favor, it was because no photo release was present. After visiting more than 100 websites, reading four books on image copyright, and reviewing case law on the subject, I think I finally scratched the surface on some of your copyright questions, even though there are a million shades of gray in the law.

This is a small sampling of what I gathered in my research, it is a tool, and I have catered it to the burlesque/pin-up industry. Understand that I am not a lawyer, and as such am not qualified to give legal advice, and this article should not be taken as legal advice. For specific advice on your particular situation, contact a copyright attorney. To find a lawyer in good standing with the State Bar of Texas, visit their website. You can research any lawyer’s name in the state from there, and you are looking for someone who specializes in copyright law, and has no ethics violations, suspensions, or other black marks on their record.

Copyright Myths Verses Facts

Myth: The work doesn’t have a copyright notice, and the photographer did not officially file a copyright with the U.S. Copyright Office, so the work isn’t copyrighted.

Fact: This was true in the past, but today all major nations follow the Berne Copyright Convention. In the US, almost everything created privately and originally after April 1, 1989 is copyrighted and protected whether it has a notice or not.

Myth: I hired the photographer, and I bought the photographs or images, so they are mine. I can do whatever I want with them.

Fact: When you purchase a CD of images or prints of yourself from a professional photographer, you are buying the images for personal use only. Depending on your agreement with the photographer (which you should always have in writing) this may mean anything from you may look at them whenever you wish, to you may make prints to hang in your home, or maybe even publish them to you social networking pages.

Personal use does not include, you the model, selling the images (as in to autograph at shows, etc) or submitting them to publications. You must have the photographer’s written permission to publish the images anywhere or to sell them.

Myth: I, the model, did the shoot TFP so I may use them anywhere.

Fact: Trade for Print is defined as a shoot where no money is exchanged. The photographer and model simply work together to produce images they can both use to enhance their portfolios. These exchanges should always be accompanied by a TFP Agreement that outlines what each party is going to get from the shoot. In most cases, these images may be used by both the model and photographer in both their print and online portfolios, but the images may not be used by the model for any other reason. Selling these images commercially (to sell a product or service), selling them to fans, or submitting them to publications is prohibited unless stated otherwise in the contract. The photographer maintains copyright on all images taken.

Myth: As the photographer, I may publish my images anywhere I choose.

Fact: Unless you have a legally binding, well written, and signed model release you are dead in the water. You may not publish the images anywhere — even in online portfolios — without a model release. With a quality model release however, you may do almost anything you wish with the images.

Myth: I am the photographer, and I have a model release from the subject, so I may do whatever I want with the images.

Fact: Be extremely careful that you are using a professionally written, legally binding model release. If there are any holes in the wording of your release, you may end up in legal trouble.

If your model release is air tight, well written, and legally binding, this statement is true. A girl who came in to get a pin-up shoot for her husband, could, in theory, end up selling soda on images on grocery store shelves. This is why it is imperative that you read a model release carefully. I cannot tell you how many times I’ve seen some girl sign a contract when she hasn’t read a single word of it. Read your model release carefully- it is the photographer’s golden ticket.

Myth: I may shoot live events anywhere that is public, or where I have purchased a ticket.

Fact: It is true that you may photograph anyone in any public spaces. However, “public spaces” are very limited. Public parks, sidewalks, and roads are certainly permissible, unless you become a public nuisance. However, private clubs, theaters, homes, yards, are all private property. Purchasing a ticket to an event, does not mean you may shoot there. In all cases, you may be removed from private property at the owner’s discretion. In some cases, this may be the owner of the venue him/herself, in other cases it may be the producer of the show as the person who has contracted the venue for the night. The safest bet — always ask permission, and certainly stop shooting if asked — however, never surrender your camera, memory cards, or film. Know your photographer’s rights.

Myth: I had permission to shoot an event, therefore I may sell images of the models/performers that performed at that event.

Fact: This is one of those areas where there are many shades of gray, and many places where the law is open to interpretation- so tread lightly. Commercial sale (i.e. selling a photo of a performer to fans) is not permissible without a model release. Generally speaking, what is permissible is the publication of those images in newspapers (online and print) and magazines (online and print) of what may be deemed as “newsworthy events”. However, there is a lot of room to challenge what is “newsworthy” and what is a violation of privacy, so you should seek an attorney’s professional advisement on a case by case basis if you feel your rights are violated.

Myth: I have the copyright, but someone else is misusing my images on MySpace. Since MySpace is so vast, there’s nothing I can do.

Fact: The MySpace Terms and Agreements contract that everyone must agree to when you become a member of MySpace specifically prohibits the misuse of copyrighted material. If you feel your images, music, or other copyrighted material are being ripped off, email copyrightagent@myspace.com with the details of the infringement.

Myth: Someone has broken the law by stealing my idea.

Fact: You cannot copyright an idea, only the expression of that idea.

This requires a bit of explanation. For example, if you told someone about an idea you had, and they ripped it off — you are out of luck. You can only copyright something tangible, like an image, not the idea in your head for an image.

However, what most people mean when they say they were ripped off, is that someone has copied an image they have taken. It has been said that all the good ideas are taken, and in pin-up and burlesque we are often looking into the past for images to replicate. When we are inspired greatly by a piece, and do a version of that work it is known as a Derivative Work. The US Copyright Office has specific laws pertaining to Derivative Works. However, there is a fine line between being “inspired by” someone else’s work, doing an “homage” to someone else’s work, and flat ripping them off.

Very generally speaking, if the work is obviously inspired by another work, and you do a new interpretation of that work, rather than an exact copy, you are usually safe. If you do an exact copy, you could be in legal trouble. The guidelines for what is a duplicate and what is an adaptation of an original photograph are very gray and open to interpretation. Basically, it is up to the original copyright owner to make that determination, then they would send a Cease and Desist or sue you, at which point you must defend your image in court- and it is up to the courts to decide if there has indeed been a copyright infringement.

Example 1: The iconic image of Betty Page hanging an ornament on a Christmas tree. You know the one. Many modern pin up photographers have done an exact duplicate of this photograph. Could Bunny Yeager (the photographer) sue you? Sure, she could. Would she win? Maybe. If she does win, what happens, how much do owe her in damages? That is completely speculative and up to the courts to decide.

In a recent case pop star Madonna was sued by the estate of photographer Guy Boudin, for copyright infringement. (Read ripping off his photos and emulating them in her Hollywood video.) The case was not the first time Madonna has been sued for copyright infringement, and this case was settled out of court for a presumably hefty sum.

Example 2: You just did a circus themed photo shoot, another competing photographer does a circus theme a few months later, but the theme and maybe a few other minor details is all they have in common, resulting in totally different photographs. Are you a victim of being “ripped off”? No. The best advice, is to get over it and just make sure your images are the best they can be. You cannot copyright an idea.

Example 3: A magazine approaches you do purchase an image you have done. They find your price too high, and hire a cheaper photographer to do an exact duplicate of that photograph. Do you have any recourse? It depends. First you have to find a lawyer who will take your case, fork over the cash for representation, and then prove they completely ripped you off.

Myth: A magazine published my photographs, then sold them to another magazine. They informed me that once they run the image, they own copyright.

Fact: Copyright always remains with the photographer, unless the explicitly sell off their rights through contract.

Be careful when signing any and all contracts. Here are some terms to know:

First Rights
When the word “first” is placed in front of other rights it simply means that the entity purchasing these rights gets to publish/use the image BEFORE anyone else who has purchased license rights. There is usually a waiting period (30-90 days is standard) before you can publish them anywhere else.

Serial Rights
Serial rights apply to magazines. This means that the magazine is licensing the right to use the image in magazine format. In other words, if you sell serial rights to magazine A you can’t sell licensing rights to magazine B as well (unless you only sell “FIRST” rights – then you can sell more rights later).

Non-Exclusive Rights
Watch out for this clause. Non-exclusive rights can be a reasonable license to sell but they can also be a quick way to lose the use of your image. Non-exclusive rights mean that the licenser has a specific set of rights at the same time someone else has them as well. The problem is that this clause is usually followed with a large amount of specific rights and many companies use this type of clause to allow them to reprint and resell your work on their own.

One Time Use Rights
One time use means that the entity buying the license can use your image “one time”, for one specified project. They are easy to manage, and often preferred by photographers.

Want to read more on all subjects pertaining to copyright and images? Here are some great resources:

Photo of Pixie by Skip Shook of Blue Moon Photography

Photo of Pixie by Skip Shook of Blue Moon Photography

We recently asked Pixie O’ Kneel, co-producer & stage manager for Bewitching Burlesque to give us her tips and recommendations for auditioning for burlesque shows. Here’s her list:

Music

  • Put your music on a CD and bring 2 copies. Make sure you use the blank discs that say “CD-R” on the packaging.
  • Have the music for your audition piece and only that music on the CD. Don’t use your practice CD that is looped.
  • Don’t expect the place you are auditioning to have hook ups for your IPod, or other MP3 player.

Video/DVD

  • Move the furniture around so it is not blocking the view of you.
  • Clear the room of pets and children, they are unpredictable and distracting.
  • Have someone help you with the camera and the music or edit out the parts of you running over to start the camera and then running over to start the music.
  • Make sure you are vertical on the screen and not horizontal.
  • If you are not using a video link to your audition from a site such as YouTube, send a DVD and not a VHS tape.
  • DVD vs. Video link? It is best to send a video link, unless you are specifically asked to send a DVD.

Time

  • Be on time.
  • Tardiness shows a lack of respect for others and that you are unreliable.
  • Get directions, gas, and make sure you have all of your bits (costume, music, etc.).
  • Have the contact info for the people in charge of the auditions in case of emergency or getting lost.
  • Allow for an extra 15-20 minutes of drive time for traffic.

Closed Auditions

  • “Closed audition” means the auditions are closed to the public.
  • It can be very nerve-wracking to other “auditionees” to have people they don’t know at an audition. Seasoned performers may feel like they are giving a free show and debutantes could be just plain freaked out.
  • Leave your friends at home. You can call and celebrate or commiserate when it’s over.

Gig Bag & Checklists

  • Have one bag that you use just for gigs and auditions.
  • Put everything you will need for the night in that one bag.
  • A checklist is an invaluable tool.
  • Make a list, save it on your computer and just print a copy every time you’re getting ready to audition.

Play Nice

  • Be nice to the other performers in all aspects of the audition process.
  • Don’t gossip. If you get the reputation of a gossip, you might just find yourself sitting in the corner by yourself.
  • “If you can’t say something nice, don’t say anything at all.”
  • Lend a helping hand.
  • Be respectful of others and their pre-audition “process”.
  • Introduce yourself to the “newbies” and people you don’t know.
  • Be humble.