Is it illegal to pay a model?

Take photographs of someone.

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In the case of a non-commercial use, you are allowed to photograph someone for a non-profit use. This case is specific : you can only photograph someone if she/he ISN’T remunerated (money or fringe benefits). The model isn’t entitled to show, directly or indirectly to the public, any copy of her/his image via any kind of visual or audiovisual supports, products, services or promotional messages. The model’s image cannot be used for commercial projects, brands, fashion shows, advertisements, companies or by the photographer’s clients as a voluntary work. As a subordinate relationship exists, the model cannot be considered as a voluntary worker.

How can you remunerate a model?

The photographer can pay the model for the creation of a book, an exhibition or any of her/his personal work...In other words, any kind of work as long as the photographer is the direct beneficiary of the service. A photographer cannot pay a model for being the intermediary between her/him and her/his own clients. If she/he needs such services, she/he will have to use modeling agencies otherwise her/his clients will have to remunerate the model. Generally, shows organizers and advertising agencies aren’t the direct beneficiaries of the service. The activity of the client have to be linked with the service performed. The service is personal, that is to say it cannot be used by someone else (photographer, client...). The salary paid to the model when acquiring image rights must be different from the salary received for the model work (travel expenses, time...).

Only French models can be employed.

A model cannot be considered as a freelance worker or a self-entrepreneur and so cannot be paid via invoices. The minimum wage can only be paid with money. Even if the image is used by a non-profit organization (associations...), a salary is still required (the French Work Code stipulates that if a contract is signed with a model, the contract is considered as a work contract. [1]

This case remains whatever the salary and the name given to the contract by the parties. This law is still valid when the model keeps her/his independence during the service and so no subordinate relationships exist.

illegal remuneration = image rights null and void ?

In case of dispute, any image rights obtained by a contract or by an illegal remuneration will be considered as null and void, what means a lot of difficulties for both parties. The photographer isn’t sure to have the right to broadcast her/his work and the model couldn’t command respect on her/his rights. Serious charges such as illegal work could be then hanging over both of them.

(CF: Interministerial report DGT/DPM n° 2007-19 from 20th December 2007 and articles L. 763-3 and next from the work code.)