Current through Register Vol. 49, No. 27, December 30, 2024
Subpart
1.
Definition.
A photographer's model is a professional who poses for
photographs that are used for commercial purposes. The photographs are
reproduced and appear in magazines, newspapers, or similar media to aid in
advertising commercial products. The model is knowledgeable or trained in such
subjects as the art of makeup, fashion, hairstyling, acting, and
posture.
Subp. 2.
Independent contractor.
A photographer's model is an independent contractor if all of
the following criteria are substantially met.
A. The model engages a booking agent for a
certain compensation, usually ten percent of the model's fees. The agent makes
and arranges appointments for the model.
B. Fees are fixed by the agent, usually on an
hourly basis.
C. The model reserves
the right to limit the time or period of work and the right to work only during
certain hours.
D. The model
releases property rights in each specific photograph that is to be used
commercially.
E. The model supplies
his or her own wardrobes appropriate to the roles he or she is engaged to
portray.
F. The model is free to
pose for anyone who desires his or her services.
G. The model is not engaged on a permanent or
periodic basis but solely for specific jobs and the model reserves the right to
cancel bookings made by his or her agents.
H. The creation and enactment of the roles
assigned them are left to the models' own discretion and initiative.
I. The model is free to use his or her skill
and training in other fields of business activity, such as radio, movie shorts,
fashion shows, and television shows.
Subp. 3.
Employee.
A photographer's model is an employee if all of the following
criteria are substantially met.
A. The
model works for only one or two photographers or firms and is paid a salary or
guaranteed minimum wage to work during fixed hours on the employer's
premises.
B. The model is required
to conform to instructions or suggestions on, among others, costume, coiffure,
general makeup, posture, or the position and expression to assume in an
assigned role.
C. The model is paid
a salary for first call on his or her services and on a full-time basis or
part-time basis.
D. The work is
performed mostly on company premises and is done in accordance with a
supervisor's or manager's views on the best method of illustrating the good
points of the garments or other products being modeled.
E. Either party may terminate the
relationship at any time.
Statutory Authority: MS s
176.041;
176.83
