Can Photographer Control Photos From Fashion Shoot?

Dear Sir/Madam: I am a freelance photographer and I am also working on an upcoming online fashion magazine. Recently I organized a photo shoot with a few models I have founded via Internet and a designer who agreed for the models to wear his clothes for the photo shoot purposes. The designer refurbishes and sells branded clothes. Everyone agreed to the photo shoot on these terms:

• Everyone gets the photos for their own usage 
• I will use the pictures however I want, and also the ones I choose will be featured in the online magazine 
• No fees charged on anyone including models, designer and myself 

It's a verbal agreement with everyone and not written. It may not have any value in the eyes of law. Now however the designer (the person who allowed us to use his clothes for the shoot) is giving me trouble setting me deadlines and choosing the pictures I can use for the magazine or anywhere else. I want to use the photos that I want to use, the way I want to use them and whenever I want to. He claims it would be illegal if I used the photos anywhere without his permission and supervision. He hasn't got any photos from me yet so he can't use any either for his own purposes. I would like to know whether I am allowed to use the photos that I took that day, the way I want to and without any restrictions. Or would I have to at least mention his name or his shop's name? We haven’t signed any copyright releases etc. Also would I need to get the models release if I want to upload the pictures? I would like to add that the photos will be used for editorial purposes only and non-commercial. We're back with the "Dear Sir/Madam" that starts your letter. What prompted your uncertainty as to gender? Can Rich be used as a woman's name? There is a female equivalent for Richard -- Richelle (and we were excited to see that a Richard and a Richelle recently married). But we're not clear whether a woman writing this column would be addressed as Dear Richelle, or Dear Rich (or perhaps the more endearing Dear Richie). As a further digression, our research unearthed some surprising data regarding the number of serial killers named Richard.*
Right, you had a question. Unless there is a written document evidencing copyright transfer, you, as photographer own copyright in the photos. You control the reproduction and distribution and you're free to choose and reproduce the photos you want for your magazine. If the verbal agreement is enforceable -- that depends whether there is sufficient evidence to prove the terms and conditions -- you would have to abide by those terms, as well. Even if the verbal agreement is valid, it doesn't preclude you from doing what you want -- choosing the photos you wish to use in the magazine. (And you would be obligated to provide copies of the photos to the other parties.)
Do you need to mention the designer? We're not sure why you have to mention the designer or the designer's store, unless you're contractually bound to do so. The designer has no copyright in clothing design unless he's stitched in some unique artwork--for example, he's added intricate needlepoints. In any case, it might be a nice professional touch to credit the designer as fashion readers expect that information.
What about model releases? Releases are needed to head off two types of problems: invasion of privacy (you may be invading the model's privacy, for example, by showing her partially nude); or violation of the right of publicity (you're using the model's image to sell something). Typically, editorial non-commercial uses wouldn't trigger the right of publicity but with Google AdSense and similar Internet schemes, it's difficult these days to tell sometimes whether an image is being used for commercial exploitation.

*Serial killers named Richard: Richard Angelo - The Angel of Death, Richard Biegenwald - The Thrill Killer, Richard Chase - The Vampire of Sacramento, Richard Cottingham - The Torso Killer, Richard Macek - The Mad Biter, Richard Ramirez - The Night Stalker (and speaking of notorious killers, there's also Richard Loeb (of Leopold and Loeb infamy).

Yellow dress

How adorable is this yellow dress? (And it's only $40!) I'm thinking of getting it for weddings and date nights this summer.

Would you wear a caftan?

Would you wear this beautiful new hand-block-printed Indian caftan by EmersonMade? It would be effortlessly breezy to wear while reading books, curling up with friends or hosting a late-night dinner party. Reminds me of my mom when she was really young in the 70s.

Thoughts? Would you wear it?

Summer Uniform: Hamptons Beauty

I always joke that my friend Susan Cernek is the nicest person in fashion. She has a mouthful of a title at Glamour, but she always looks drop-dead gorgeous and friendly, with a megawatt smile and easy laugh. So, I asked her to share her summer uniform with us (in hopes that we could copy ruthlessly:).

Here's Susan's take:

Here, my husband Rob and I are on grill duty at our dear friend's house in Southampton. I've worn these tortoise Ray-Ban Wayfarers since '06. I've tried on a zillion other pairs since then, but these are the only sunglasses that suit my face/don't make me look like a crazy person.

I got the shirtdress at Zara last year for our honeymoon, and it's now my summer go-to. The special twist is that it looks like a man's dress shirt since it scoops up a bit on the sides--making it a bit risque to wear to work but flirty and sexy for weekends. [Here's a similar dress.] A word of caution: Never use the fabric belt that shirt dresses come with. Fabric belts can look floppy--not exactly a description you want anywhere near your midsection. You need structure to flatter your waist, so go with a thin leather belt.

For beauty, I stay light. I love Diptyque bath oil; I dab it on after the shower for a light scent, instead of a heavy perfume. And my go-to lip "marker"--Revlon's Just Bitten in Flame-- gives you a cheery, pretty hint of color, like you just ate a popsicle from the Mister Softee truck.

Here's how to get the look:
Wayfarer sunglasses: Ray-Ban, $194.
Shirtdress: L.L. Bean Signature, $79.
Belt: 7 Hills, $36.
Thong sandals: L.L. Bean Signature, $69.
Lipstain: Revlon, $8.99.
Messy French bun.

P.S. Another lovely summer uniform.

Sexy eyebrows (yes, eyebrows)

Oh my goodness, how gorgeous are these dramatic eyebrows? When I saw these stunning photos of Oscar de la Renta's recent runway show, my jaw dropped. Makeup artists often insist that eyebrows are the most important part of your look, since they frame your face and can make your eyes look bigger and make your face look younger. Wouldn't you love to recreate these sexy bold brows for a night out?

Happily, my make-up artist friend Suzy Gerstein shared the two steps to getting the look: "The secret to a gorgeous full brow is to layer products. First, sketch in any sparse areas with hairlike flicks of a brow pencil. Use the skinniest, pointiest pencil you can find, so your drawn-in 'hairs' will look natural. My favorite is the Kevyn Aucoin Precision Brow Pencil. Then layer a powder color over the pencil. Two colors that work well for brows: MAC eye shadow in Brun (for brunettes) and Concrete (for blondes)."

What do you think, my lovelies? Would you dare? xoxo

(Photos by Jamie Beck. A similar red lipstick is Rouge Dior in Red Muse)

Riding bikes while wearing skirts

Did you hear this crazy story: In late May, a NYC cop allegedly pulled over a Dutch tourist, pictured below, and reprimanded her for riding a bike while wearing a skirt. He said she was distracting cars! At first, she thought he was kidding, but quickly realized he wasn't when he asked for her ID. How insane is that?! So, as a lighthearted protest, a bunch of girls (and a few guys) came together for a skirt bike ride yesterday evening. My friend Shannen took a few photos...
It was a great night!! Thanks to those who organized, and high five to all ladies who ride in skirts or otherwise! :) xoxo

(Photos by the fabulous Shannen Norman for Cup of Jo. And you might recognize my friend Caroline, above, from the hair tutorials:) And thanks to HUB Bikes and the New Amsterdam Bike Show for organizing.)

Do or don't: Pale skin this summer

As summer approaches, I usually get a little shy about wearing shorts and exposing my so-white-they're-almost-blue legs. When I was in college, I even went fake tanning (yikes!) and slathered on orange self-tanner (not a good look).

But this summer, I've decided to embrace my pale skin and freckles. We've recently discovered a few great natural, chemical-free sunscreens: Badger, Dr. Robin and the Babo Botanicals stick (which is super easy to apply on babies!), and wear them everyday.

My darlings, this summer, will you rock the pale look? Would you prefer to get a tan? Have your feelings on tanning changed? What kind of sunscreen do you use? I'd love to hear...

(Photo by Garance Dore)

Tattoo girls

Although I'm not a tattoo girl myself, I'm loving these clever and charming tattoos. What do you think?

P.S. Nine awesome tattoos...
P.P.S. New Yorkers, come join me at this bike ride this Thursday! xo

(Via Tattoologist)

Salt-Water sandals

My darlings, another Motherhood Monday post is coming up (about husbands!), but in the meantime, I wanted to share these sandals for little dudes. Every child in our neighborhood wears Salt-Water sandals, which are adorable, comfy and tough enough for city streets, grass parks, sandy beaches, and, of course, salty water. Toby just got his first little pair, and we're loving them already.

Mamas, have you ever tried them? What other children's shoes do you swear by? xo

P.S. Funnily enough, the sandals are also becoming cool for grown-ups. We spotted some chicer-than-chic women wearing them in the Hamptons!
(Bottom photo by Fashion is Spinach)

EmersonMade giveaway!

Yahoo, the last EmersonMade giveaway was so well received that we decided to do it again! EmersonMade, the husband-and-wife clothing line based in New Hampshire, is offering a $1000 shopping spree to one lucky winner. They make lovely pieces, including dresses and bags; and their whole countryside life looks so dreamy that it makes me want to move to a farm, wear a flower brooch and raise chickens. Oh, just think how beautiful you'll look all summer. xo

For a chance to win, visit EmersonMade's shop (and consider signing up for their Facebook and twitter), and leave a comment below telling us your favorite pieces. A winner will be chosen at random tomorrow. Good luck. xo

Update: Erica M. is our lucky winner. Thanks for playing--and for all the comments!

Motherhood Mondays: Has your style changed since having a baby?

My lovelies, for today's Motherhood Monday post, let's talk about style. I've always had a pretty low-key look (cardigans, flats), but after Toby arrived, my style became even more relaxed (read: worse!). I didn't have time to do much for my own look, and I sort of forgot about myself in that way. My focus was so much on sweet Toby. But now that Toby's a year old--and we feel much more comfortable and confident as parents--I'm excited to take some time for myself and reestablish my style. Here are the pieces that are getting me started:

* Red lipstick. Red lips make you feel glamorous and feminine, even when you're driving trucks in the sandbox or changing a diaper.

* Striped shirts. Along with everyone else in the (blog) world, I adore French-style striped shirts, which make you feel like a modern-day Jean Seberg.

* Dark jeans. Around a baby, you run a 100% risk of getting covered in banana, yogurt, sand, spit-up, snot, pee, or something strange-smelling and unidentifiable. Dark denim is the way to go! Spills just magically absorb until you have time to do laundry. :)

* Big bags. Instead of an actual diaper bag, I like carrying big regular bags and throwing everything in. I love this leather bag from Banana Republic. Bonus: It has a magnetic clasp, so it's easy to open and close while juggling a baby.

* Ring slings. I tried a Sakura Bloom ring sling for the first time recently and fell in love. Not only are they super cozy (Toby sleeps so well in it!) and surprisingly easy to put on, but they look beautiful. Instead of wearing a strappy carrier or pushing around a stroller, you wrap yourself and your baby in silk. It's a fashion statement as much as a baby carrier. Also, don't you love how you can see the shape of their big diaper butts? Heartbreakingly sweet. :)

So, I'd love to ask: What are your go-to pieces? How would you describe your style? If you're a mother, how has your style changed since having a baby? Do you ever wear your baby in a sling or carrier? xoxo

P.S. This post is part of the Sakura Bloom Styleathon, hosted by my friend Leigh. Read more here, if you'd like. I'm honored to be a part of it!
(Striped shirt from Chance; layering tank c/o Lilla P; jeans from Emersonmade; sling c/o Sakura Bloom; sunglasses c/o Selima Optique; heels from Michael Kors; bag from Banana Republic)

Do or don't: Bell bottoms

This San Francisco cutie looks adorable in her bell bottoms. I would never have thought to wear bell bottoms, but they're so flattering and make her look like 1970's tomboy. Now I'm itching for a dark-wash pair. Would you wear them?

(Photo by SF Style)

Lilac polish

Toby and I went on a walk early this morning and spotted this beautiful lilac nail polish on two different gorgeous women. (Maybe it's the new "it" color?) It looked so light and lovely, and was a nice change from red and pink. I'm going to pick up a bottle today and plan to wear it all summer. What do you think? xo

P.S. I never used to be that into nail polish, but the colors are so amazing this year.

(Photo by Sparkles and Bows)

Wayfarer sunglasses

Our babysitter Sophie left her sunglasses at our house the other day. So I did the natural thing: Wore them until she came back again! They were classic Wayfarers (think Tom Cruise in Risky Business), and it made me want to get a pair right away. What kind of sunglasses do you have?
(Top photo by Garance Dore)

Garnet Hill, is that you?

I've never really shopped at Garnet Hill (have you?), but I stumbled on their site today and was really surprised. How pretty is this trench coat ($138) and blue dot dress ($138)? I'd love to wear both of them on a seaside vacation this summer.

Update: Garnet Hill just contact me and wants to offer 20% off to all Cup of Jo readers with the code E1W140B until June 17th. Let's go for it! :) Thanks, Garnet Hill!

DIY wedding hair: Chestnut bun

When I got married, I never would have thought of doing my own wedding hair, but my friend (and hair genius) Caroline swore this beautiful chestnut bun was simple enough for brides to do themselves. So, I invited her to a West Village wedding shop to explain the steps (and play dress up), and the wonderful Jamie Beck took photographs. Doesn't the elegant bun look like something Grace Kelly would wear? Would you wear it?

Here are Caroline's steps, if you'd like to try it out...
1. Gather your hair into a high ponytail and secure it with a rubber band. You want the band to be pretty tight (otherwise the sides of the ponytail will droop after you do step three).

2. Next, slide your rubber band down a little so it's no longer tight against your scalp.

3. Create a little "hole" in the loosened part of your hair (between your scalp and the rubber band).

4. Pull your ponytail through the hole you just created.

5. Note: Be sure to pull the ponytail UP through the hole (instead of DOWN through the hole, like the topsy-tail we used to do in the 80s:)

6. Pull the ponytail all the way through so it hangs over the top of the rubber band. You may have to fan out the ponytail a little to create an even shape.

7. Next, loop the end of the ponytail under, towards the rubber band. If your hair is super long, you may have to wrap the ends of the ponytail around your hand a few times before you tuck it under. (I did!)

8. Pin the ends that you just tucked using a few bobby pins. Make sure it's pinned very securely. Then keep pinning the sides and bottom of the bun until it feels secure. You can spray with hairspray for extra hold, and feel free to bring some extra bobby pins for touch-ups throughout the night.
Voila, that's it! What do you think, my dears? Would you do your own wedding hair? Isn't this surprisingly simple? xo Thank you, Jamie and Caroline! And most of all, congratulations to all you brides-to-be out there!
P.S. More hair tutorials...

(Photos by Jamie Beck for Cup of Jo. In the step-by-step photos, Caroline is wearing an Eberjey robe. In the wedding photos, Caroline's adorable wedding dress is by Ivy & Aster from Lovely, a bridal boutique in the West Village. Her jewelry is from her own line, Brvtvs, and her red lipstick is Rouge Dior Lipcolor in Red Muse.)