EOC: Week10, FInal Project: Answers from attorney

1. What is the difference between a license and a demonstrators license? To what extent can a demonstrators licensed be used?

"Every license is prima facie evidence of the right of the holder thereof to practice that occupation of cosmetology for which the license is issued." (Dowon)

"“Demonstrator of cosmetics” means a person who demonstrates the application of cosmetics in a cosmetological establishment for the sole purpose of selling cosmetics."(Dowon)

2. Does a makeup artist who has a certification in advanced makeup artistry, need to obtain a cosmetology licenses in which he or she practices their art if she is not in a salon? Why and why not?

"yes; there are limited situations where a license is not necessary, e.g. see answer to 3" (Dowon)

3. As a freelance, self-employed makeup artist do I need any of the license to have clients, be on a set, or to self promote?

 "no not if it is in the course of and incidental to the production of a motion picture, television program, commercial or advertisement is exempt from the licensing requirements of this chapter if he or she renders cosmetological services only to persons who will appear in that motion picture, television program, commercial or advertisement."  (Dowon)

4. What copyrights do I own as a makeup artist?

                  " those copyrights you are able to negotiate for"  (Dowon)

      5. Would a makeup artist need to sign a model release form? Is there a form that does need to be signed to authorize the use of my artistry contribution?

        "these would be determined by the agreement between makeup artist and employer."  (Dowon)

6. How would I write a contract that assures payment, trade for pictures and creditability?

"not sure what issues would arise as to payment that aren’t inherent in any contract; make sure language regarding payment is not conditional on approval and that payment is due upon rendering of services"  (Dowon)

7. Do I have rights to use the images I contributed to as a makeup artist? What are the extent of my rights?

"determined by agreement reached between you and employer, or if you are setting up production of the images then these are rights that you should expressly reserve."  (Dowon)

8. As a fashion major, I want to collaborate with other designers. When asking to borrow merchandise for a photoshoot, do I need to sign an agreement with the designer on how the merchandise may be used or published? Would the same apply to the photographer?

     "it’s not necessary but the better practice may be to do so, as it is intended to be a collaboration."  (Dowon)

9. If the photo was to be published in a magazine would there be a contact between the all parties involved? How would the parties involved receive composition? Will the creative minds involved in lose all rights to the image that was being published?

"this will be determined by agreement, most importantly the initial agreement between contributors to production of the image -- who owns the image and the right to be compensated for its use."  (Dowon)

10.  When becoming a published, creditable artist, what measures may one need to take to protect their image, creative work, published and unpublished work.

"ensure that in any contract for artistry work agreement is reached the makeup artist is credited"  (Dowon)