MODELING FORUM

Each month UPC Entertainment will be posting new updates from the modeling industry. The primary focus of these updates will be centered around state laws, modeling scams and real world issues that will help inform anyone thinking about, or already in, the business of modeling. As a Management Resource Company, UPC is constantly striving to educate new and experienced talent in the professional manner in which modeling should be done. Our ultimate goal is to save you valuable Time and Money.

January:

"Definition"

What is a scam? The dictionary.com definition of scam is: "A fraudulent business scheme; a swindle."

The definition is swindle is: "To cheat or defraud of money or property. To obtain by fraudulent means."

Fraudulent means "engaging in fraud; deceitful" or "using fraud; trickly; deceitful; dishonest." It also means "intended to deceive."

The definition of fraud is: "A deception deliberately practiced in order to secure unfair or unlawful gain. A piece of trickery; a trick. One that defrauds; a cheat. One who assumes a false pose; an impostor."

Also: "Deception deliberately practiced with a view to gaining an unlawful or unfair advantage; artifice by which the right or interest of another is injured; injurious stratagem; deceit; trick. An intentional perversion of truth for the purpose of obtaining some valuable thing or promise from another. A trap or snare."

Synonyms for fraudulent include: "deceitful; fraudful; guileful; crafty; wily; cunning; subtle; deceiving; cheating; deceptive; insidious; treacherous; dishonest; designing; unfair."

Synonyms for fraud include: "Deception; deceit; guile; craft; wile; sham; strife; circumvention; stratagem; trick; imposition; cheat."

A person who is a fraud is "a person who makes deceitful pretenses."

A modeling scam is a scam against aspiring models or models, or a scam in the modeling industry.

There are different kinds and different degrees of modeling scams. Some will claim one company is a modeling scam, while others will say it is not a modeling scam. The confusion or difference of opinion can result from the fact the firm is not an absolute scam.

An absolute scam is a scam where nobody benefits. This type of scam does not usually last for very long because it results in a high number of complaints and extreme reactions. It becomes clear to everyone, including the authorities, it is an absolute scam.

Most modeling scams are not absolute scams. There are success stories. Some people do benefit. Just because a company is not an absolute scam, however, does not prove it is not a scam.

If people are deceived, misled, and cheated in a financial scheme, either by what is said or by what is not said, by what is done or not done, it is a scam.

A huge scam is a scam where many people are affected and or a large amount of money is lost.

February:

"Top Ten Reasons People Fall for Scams"

1. Ignorance about modeling industry.
2. Ignorance about modeling scams.
3. Ignorance about modeling company.
4. Lack of research.
5. Failure to shop around.
6. Failure to identify conflict of interest.
7. Quick or emotional decisions.
8. Trusting strangers with money.
9. Not being aggressive/assertive.
10. Not trusting your intuition.

"When Most Scams Happen"

Most modeling scams happen before the aspiring model gets work. Probably 99% of the scams are from upfront fees which do not lead to modeling jobs. These include payments for registration, modeling photos, modeling schools, and modeling conventions.

The 1% of the scams which happen after the model works are, for example, when the agency does not pay the model the amount due according to the model contract or pays very late.

One talent agency kept the money sent by clients and did not pay the talent. That is theft. This type of agency closes down very quickly and moves only to start up again under a new name in a new state, or completely shuts down.

There are reports another agency which is still in business pays its models as late as a year after they work.

"Don't Buy What You Don't Need"

Two of the most common things offered by modeling scam artists are modeling photos of a quality or quantity which new and aspiring models do not need, and training which a model does not need, or if it is needed, the reputable agency provides it free.

Often the scam artists have high prices for their products (comp cards/portfolios) or services (photography, teaching), because they are in it for the money.

Part of the lure in the scam is high expense lends credibility to the proposal. People can conclude products or services are expensive because they are effective: “They must be able to command these high fees because they are very good and highly successful.”

But there is a conflict of interest at the root of modeling scams when aspiring models are offered products and services requiring upfront fees. How can you trust them? You can't; therefore an unbiased opinion is needed from someone who does not have a vested interest. Get a second opinion.

Find the industry standard, or find out if there is even an industry standard for photos and training, for example. Once you find a reliable reference point, you will be able to find out what is not needed, what is needed, and how much you should expect to pay for what you do need.

March:

"Upfront Fees"

Extensive research has shown the common denominator in almost all modeling scams is upfront fees.

Precedent lawsuits against modeling companies by federal and state government as well as individuals have invariably been filed against those which charged upfront fees.

Research into U.S. laws to protect consumers has shown almost every modeling agency law, regulation or rule ever enacted in America prohibits upfront fees.

One of the most recently enacted entertainment industry laws was drafted by a former child actress, who introduced the Advance-Fee Talent Services law. Sheila Kuehl did so at the request of Los Angeles City Attorney James Hahn, because his office had prosecuted modeling/talent scams cases in which "hundreds of parents paid millions of dollars in advance fees to frauds that promised that their children would become stars."

Attorney James Hahn explained scams thrived in the past because state "laws did not specifically address advance-fee talent services, thereby resulting in uninformed parents susceptible to illusory promises."

Therefore the most simple test, the most important issue, and the first question to ask in determining whether or not a modeling company is legitimate is: Are there any upfront fees?

The Federal Trade Commission, which prosecutes bogus modeling and talent agencies warns: "Be suspicious if a company requires an upfront fee to serve as your agent."

The New York State Department of Consumer Affairs, which gives licenses to talent agencies, says: "Simply put, legitimate model and/or talent managers do not require or request upfront fees."

The New York State Consumer Protection Board issued a press release warning about one company which was charging upfront fees, saying, "Top modeling photographers won't charge clients for photo sessions until models get their first modeling paycheck." In other words, no upfront fees.

The criticism leveled against the same company by Libby Stone, an industry professional and the president of a modeling guild, was: "What these people do is travel across the country, stay in fancy hotel rooms, advertise and get a bunch of people excited and take their money up front."

The South Florida Business Journal reported the same criticism was made against the It International Talent agency's parent company: "They paid upfront fees to the agency's parent company, Models Direct, but did not get any work in return. It's a complaint heard about modeling agencies in general, both in Europe and the United States."

The BBB said:

SAG, the Screen Actors Guild, offers very similar advice for aspiring actors. In their FAQ, they asked, "What is the difference between a legitimate talent agency and one whose purpose is to separate you from your money?" Their answer:

Natasha Esch, as president of Wilhelmina, one of the top New York modeling agencies, wrote the following in her book, The Wilhelmina Guide to Modeling:

Margaret Pelino, a booking agent at the famous Ford Modeling Agency in Manhattan, warns: "Be leery if an agency or individual asks for money up front."

Rhonda Hudson, President of The Models Guild in New York, said: "The really big red flag is when they start asking for money up front."

The American Guild of Variety Artists (AGVA) said: "Beware of agents demanding a fee before you can work. Never pay a fee in advance to any agent or manager."

Michael Harrah, Personal Manager and former Conference of Personal Managers Secretary, said: "If a personal manager asks for money up front -- run the other way!"

Gerard W. Purcell, President of the National Conference of Personal Managers, clearly warned: "Any time a personal manager asks for any money up front for anything -- including photos, vocal or acting classes, video resumes, etc. -- consider that person unscrupulous."

Sarah Doukas, the Managing Director of Storm Model Management, a top London model agency, is one of the most successful and respected agency owners. She discovered Kate Moss and represents other supermodels. With over 20 years of modeling industry experience, Ms. Doukas is even more emphatic: "Never, ever pay money upfront for anything."

Dott Burns, the late owner of the Dotts Burns Talent Agency, helped launch the careers of such famous women as Delta Burke and Marla Maple Trump. She ran her agency for 28 years in Florida and worked for more than 35 years in the industry. A few years before she died, in an article called "Breaking into Showbiz: Dott's Do's and Dont's," she said: "Don't ever pay 'up front' for an agent or a job. Never!"

April:

"Employment/Talent/Modeling Agency Regulations
in the United States"

Alaska:
Agencies can charge registration fees not exceeding $2.

Arizona:
Agencies cannot charge registration fees (unless approved).

Arkansas:
Agencies cannot charge fees "for any service other than actual placement."

California (Los Angeles):
Agencies cannot collect a registration fee.

Connecticut:
Agencies cannot charge advance registration fees.

Delaware:
Agencies cannot charge advance registration fees.

Florida:
Any collected fees or expenses must be returned by the agency within 48 hours if no employment was procured.

Hawaii:
Employment agencies cannot collect an advance registration fee.

Illinois:
An agency can only charge a maximum $4 registration fee, and only if granted such a permit. This fee is subject to return on demand if no position is procured.

Iowa:
No fees "or other thing of value in excess of $1" can be collected in advance by employment agencies.

Kansas:
Employment agencies cannot charge a registration fee of more than $2. If no employment is procured within 3 days, all registration fees must be returned on demand.

Kentucky:
Employment agencies cannot charge or collect advance registration fees.

Louisiana:
Employment agencies may charge a $10 fee for the preparation of a job resume, but cannot charge an advance registration fee.

Maryland:
Agencies cannot charge advance registration fees.

Massachusetts:
Agencies cannot charge advance registration fees.

Missouri:
Employment agencies that charge registration fees must return all fees in full upon demand if employment is not procured within one month after registration.

Montana:
Agencies cannot charge or accept advance registration or application fees.

Nevada:
Employment agencies cannot charge "fees of any kind for registration of applicants."

New Jersey:
Agents cannot accept fees for "a service rendered or a product sold" if no employment has been accepted.

New York:
Advance registration fees are unlawful.

North Carolina:
Advance placement fees or registration fees are prohibited.

North Dakota:
Agencies cannot accept advance registration fees.

Oklahoma:
Advance registration fees are prohibited.

Pennsylvania:
Agencies cannot charge advance registration fees.

South Carolina:
Personnel Placement Services cannot impose advance registration fees.

Tennessee:
Agents cannot charge any advance fees.

Texas:
Agencies cannot charge talent for advance registration fees.

Utah:
Taking commissions or fees in advance is unlawful.

Washington:
Agencies cannot charge or accept registration fees.

West Virginia:
Agencies cannot accept advance registration fees exceeding $1.

Wyoming:
Agencies cannot charge registration fees of more than $2.

May:

"Scouting Scams"

Scouting scams are usually at the root of modeling scams. The concept is very basic. People are told they have the look, they could be models, they are "model material." The goal is to get the person to sign up for any number of things which will cost hundreds or thousands of dollars.

For example, modeling school, modeling photos, online comp cards, a model search, a modeling convention, model marketing, a model magazine, or a modeling contest. Anyone can tell anyone they have the look. There is nothing in the words which proves the person who said them is a scout, is qualified to scout, or is sincere.

Sincerity:

One difference between a true scout and a bogus scout is sincerity. But how do you know if a scout is sincere? One test is to find out if the scout is paid by commission. Not commission on the number of people they sign up, but commission on the work the model receives through the agency. Like a reputable modeling agency, a reputable scout typically gets paid only after the model gets work.

A real scout can be paid a 5-10% commission of the model's future earnings taken from the 20% commission the agency gets, not the 80% the model keeps. The question to ask is: does the scout in question get paid before the aspiring model gets work, and, most significantly, even if the aspiring model doesn't get work? If the scout does get money up front, or is part of a business plan where money has to be paid up front, then there is a significant conflict of interest.

How can you trust someone who is paid like that? Scouting scams themselves are often rooted in flattery. It all begins with the tired pickup line: "You are beautiful. You have the look! You could be a model." The proverbial "look" is not defined. Scouting is inherently subjective. In other words, you can make it up. Anyone can be told they have "the look" -- whatever the look is. The scouts who are involved in scouting scams typically have no qualifications.

Jennifer Julian at ABC News in North Carolina reported the complaint of a former model about a scouting scam. Susan Harris, who had modeled for 10 years internationally, in places like New York and Milan, found a company where the "scouts" were recruiting potential models, basically anyone they met.

Scouts for the company were using these tired pickup lines:

"You've got the look."
"I couldn't help but notice how beautiful you are."
"Have you ever thought of modeling?"

Men or women with little or no modeling industry experience, and no professional training by industry experts -- absolutely no qualifications -- approached people on the street, at the mall, in a store, anywhere.

On April 6, 2002, Jenifer Ragland of the Los Angeles Times reported the story of a high school teacher accused of being a pedophile ("accused of crimes involving 11 teens") who got a job as a model scout for a modeling scouting business.

How was the "scout" hired? By whom? An agency?

You ask bogus model scouts if they responded to a job which said "No experience necessary," and they don't answer. They don't know what they are doing, and if you ask them whom they have discovered, the conversation comes to an abrupt end. Reputable scouts work for an agency and/or have previously scouted models who have worked successfully in the modeling industry -- and their claims can be verified.

A popular scam is agents, scouts, agencies, et al telling potential models they have been "selected," implying they are selective, but they say the same thing to many people -- as many as possible. It is all part of a reliable scheme of flattery, a game of numbers, catching people to make a quota.

Scouts either say or imply they are selective. To say or imply you are selective when you are not is fraud. To say or imply you have the expertise to judge the suitability of people as models, actors, or entertainers in the commercial advertising, talent modeling or entertainment industries, when you do not, is also fraud.

In its 1999 complaint against three bogus modeling/talent agencies, the FTC alleged that they falsely represented themselves as selectively scouting for models and actors when in fact the companies accepted all candidates who made a deposit. Working in tandem with bogus modeling scouts there are bogus talent executives. These people are unqualified to say who has and who does not have a good chance of success in modeling or acting.

The title itself is misleading: "Talent Executive." The scam starts with the title and ends with their selection decision. When you have been selected, what it really means is that you have been selected to pay them. The scam can be supported by fraudulent claims that very small percentages of aspiring models actually get selected.

Awareness and understanding of scouting scams will help keep aspiring models from starting down the path which leads to being scammed. Modeling businesses which have scouting scams can be brought to their financial knees if their feet (scouts) are cut off. If the government could enact legislation to deal severely with scouting scams, many people would not waste money or be defrauded.

June:

"Modeling Schools"

Top modeling agencies do not ask for aspiring models that have attended modeling schools. If you visit the websites of these agencies, they do not ask potential models who want to be considered for representation to send their high school diploma or anything to prove they have a college degree.

There is no modeling degrees offered in colleges and universities across America. The modeling industry itself does not offer formal education to prepare models for work. There is no central education organization in the modeling industry, which sets the curriculum, sets and monitors the standards, and licenses teachers. There are no modeling education standards and there is no standard modeling education.

In describing one modeling school, the BBB said:
The company refers to itself as a "tuition based performing arts center." This means the company offers classes for which an upfront fee is charged. These classes are not accredited by any recognized or regulatory agency. The company is not licensed as a talent agency and consequently it cannot offer, promise, procure or attempt to provide, nor guarantee employment in the entertainment, modeling or talent industry.

The modeling industry is an industry where a formal education is not required. Models who have had successful modeling careers never went to a modeling school. Supermodels who have earned millions never went to or graduated from a modeling school.

When top agencies like Ford or Elite hold annual model search competitions, and have guaranteed six-figure modeling contracts for the winners, they do not limit this only to contestants who have a modeling school certificate.

The top agencies do not limit open calls only to those who have attended modeling schools. When potential models are discovered by top agencies at open calls, they are not sent off to modeling schools and told to return when they have been educated or when they are "agency ready."

There are people at modeling schools who tell aspiring models who are and who is not agency ready. How do modeling school staff know who is "agency ready"? A modeling school is not an agency. If they are not an agency, they don't book models. If they don't book models, they don't know if the clients considered a model ready or not. And if they don't know if the clients considered a model ready or not, they are in no position to say who is and who is not "agency ready."

It gets worse. Besides not being qualified to say who is and who is not agency ready, a conflict of interest is at the heart of modeling schools. It is in their vested financial interests to convince aspiring models they are not agency ready. Indeed, the modeling school sales pitch is based on convincing hopeful models they are unqualified to be models.

If modeling school employees and representatives cannot convince prospective models they are unprepared to approach agencies and get modeling jobs through agencies, they will have no students. Therefore it is to be expected that modeling schools are going to exploit the conflict of interest and lie, deceive, and trick aspiring models into believing they are unfit to model.

Modeling schools are accountable to no-one. There is nothing to prevent them from exploiting the conflict of interest once, frequently, or all the time. There are no laws governing education at modeling schools. The industry, as already noted, has no standards. Modeling schools have no standards. Modeling schoolteachers have no standards.

The basic assumption made by aspiring models and their parents is modeling is like everything else. Like other professions, to get work as a model you must first be trained, and similar to training for other professions, you must pay. Without any knowledge of the modeling industry, it takes little or no convincing by modeling schools to recruit students.

Aspiring models have been confused in the past, assuming a school was an agency. Even though the school may not call itself an agency, those who are unfamiliar with the modeling industry have made the mistake of assuming some modeling schools were modeling agencies.

This has happened, for example, with John Casablancas modeling schools. John Casablancas used to be the leader of an agency (Elite), and thus aspiring models associated his past with the present situation. John Casablancas Career Centers, however, are not modeling agencies, and Mr. Casablancas is no longer at Elite. He reportedly left the Elite agency in 2000.

Just as some potential models have made a mistake without coercion, others have been led to believe a school was an agency, because the school acted as if it was an agency, behaving similarly to agencies by using "model scouts," open calls, and telling the young people they had been "selected."

Company names can add to the confusion for potential models trying to differentiate between a school and an agency.

A franchise of Barbizon in Wilmington, Delaware, was listed by the BBB as "Barbizon Modeling School & Agency," making it look like a school and an agency, but the BBB business classification was "Schools-Modeling."

BBB classifications are not entirely consistent and not always accurate, but in states like Texas and Florida, it is easy enough to find out if a company is an agency or simply a school by checking to see if they have a talent agency license.

To further confuse the situation, the nature of a company's business can change, so it clearly becomes more important to find out the current situation with the company, and not rely on the past.For example, an agency can become a school, as was the case with John Robert Powers; and a school can become an agency, as was the case with Avante Models.Avante described themselves as "a full-service modeling and talent agency," but they used to be a modeling school.In 1999, their site said, the company was bought and got a new owner. "In 2001, "Avante Modeling School/Agency" became "AVANTE' Models and Talent" ... The modeling school was discontinued and has become a "training center."And, as earlier noted, John Casablancas, who used to work with an agency (Elite), no longer does, and instead works with schools (John Casablancas Career Centers).

Why do aspiring models go to modeling schools if they are not necessary? Why do they pay hundreds or thousands of dollars in the hopes of getting signed by and work though a modeling agency after attending a modeling school?

The New York City Department of Consumer Affairs asserts it is simply because the prospective models do not know they can directly access the agencies on their own without payment. Few people enrolled at modeling schools, or signed up by scam agencies, know about “open calls” at modeling agencies. At least once a week, model managers and agents have an open call — a period of time when they look over people off the street who want to know if they have a chance. Open calls are great places to start, because you will get free evaluations by experienced agents. Prospective models are required to bring a few snapshots with them to open calls.

Modeling schools in the past have added expenses through getting students to pay for expensive comp cards or portfolios. In this way two scams are merged, modeling schools and modeling photos, and they can double their income without doubling the students' chances of getting work. Outside of a modeling school, many people have questioned the value of getting comp cards and portfolios prior to getting representation by a reputable modeling agency, but there is not nearly as much second guessing in the context of a modeling school. However, there is essentially no difference. Comp cards and professional portfolios are not needed or even recommended to get them signed by an agency. Since the school is not an agency, and an agency does not need the comp cards to sign a new model, and indeed the agency needs to approve comp cards after a new model is signed, getting pictures taken and comp cards made as a student at a modeling school can be an additional waste of time and money beyond the expensive classes themselves.

The BBB warns about expensive modeling photography and expensive modeling classes:
Some companies make their money on photography fees alone. Look out for those who pressure you into having a portfolio done through their designated photographer. In these situations, you may be required to leave a deposit for the photos, which will often cost hundreds of dollars.
Other companies make their money using high-pressure tactics and often misleading promises to induce you into signing up for expensive classes. Most of these companies target children 16 or younger.
Be cautious when a company tells you your child has great potential but must have costly training before he or she can be referred to a talent agency to obtain work.

Charm schools or finishing schools are valuable. They do serve a purpose. In modern society there are a lot of rude people with bad manners. It is useful and worthwhile for teen girls to learn etiquette, etc. But the point is a decision to attend a so-called "modeling school" should be made on its value as a charm school, not as a modeling school, or a reliable method of starting a modeling career. Go to any of the schools because you want to learn poise, how to set a table, apply makeup, pluck your eyebrows, etc., not because you want to become a model. One girl told a relative she wanted to attend a modeling school, but she was not interested in modeling. She only wanted to learn about hair and makeup. If that is you, go. However, if your interest is becoming a model, don't look for or pay a modeling school, find a modeling agency. Make sure it is a successful and reputable agency.

July:

"Model Photography Scams"

Some of the biggest modeling scams are modeling photography scams. There are modeling scam artists making millions from modeling photography scams. They travel across the United States, hitting many cities, finding 100 people in each city to pay $1,000 for modeling photos.

The basic idea of modeling photography scams is potential models pay for modeling photos but they do not get modeling work. The bottom line in all modeling photography scams is aspiring models pay for photos which do not pay for themselves.

Modeling photography scams are probably the modeling scams most likely to trick model hopefuls. Aspiring models already know or quickly recognize the importance of photos to launch their modeling career. Photos, after all, are what modeling is all about. However, many times the models and their parents know neither how many photos they need to get started, nor the kind of photos required.

There are four basic quality and quantity issues at the heart of modeling photography scams: photo quality is too low; photo quality is too high; photo quantity is too low; photo quantity is too high.

How many photos do you need? What is the necessary quality?

The fundamental issues which determine the necessary quantity and quality of modeling photos is the purpose and target audience. There are really only two purposes and two targets. The purposes are model discovery and model promotion; and the targets are modeling agencies and the clients of modeling agencies.

Model Discovery

One of the big myths which drives modeling photography scams is professional photos are needed to be discovered by a top agency.

Professional photos are not needed to be discovered by a top agency. It is the same for agencies which are not top agencies. Photos taken by a professional photographer are not needed for an agent to determine if the agency would be interested to represent a model.

A good agent only needs a few Polaroids, one of the face (headshot), and one of the body (bodyshot).

Top agencies do not ask for professional photos. They don't need them, and they don't want them, and they may even prefer not to have them.

Joel Wilkenfeld, President of Next Model Management, one of the top modeling agencies in New York, has said they don't want professional pictures because they can hide the real person.

There is usually makeup on the model in the professional pictures which were taken in a studio or elsewhere, but they don't want to see the model with makeup.

Polaroids of models without makeup do not hide the flaws. They supply what the agencies want: an accurate representation of the model.

Asked where aspiring models could go to seek representation, Joel Wilkenfeld said: "If you live near a major city where there are modeling agencies, you can go in and see them or send Polaroids to the modeling agencies."

Asked about the type of pics to send into an agency, and whether they needed to be professional, he said: "Agencies do not look for professional pictures, nor do we want them. We would like to see Polaroids with your hair pulled back and no makeup!"

After saying they preferred Polaroids, he was asked "Why do you only prefer Polaroids for pictures?" And his response was: "Because on Polaroids we can see all of the imperfections and we can see what you really look like. If you send us regular pictures, we will ask for Polaroids."

Model Promotion

Model promotion after a model is discovered does require professional modeling photos. There are basically three kinds of photos used to promote models: comp cards, portfolios, and tear sheets.

Clients of modeling agencies want to see comp cards, portfolios, and tear sheets. Comp cards are an industry standard; so are portfolios; and so are tear sheets. Therefore modeling agencies ask for them.

There are modeling photography scams at both stages: model discovery and model promotion.

When models are trying to get discovered by a modeling agency they may be offered the opportunity to get professional pictures, which are not necessary.

When they are trying to get promoted after being discovered they may also be told they need to get professional pictures, which are necessary.

The difference in this second case is the claim is true (professional pictures are necessary), but the agency is not willing or able to find the models work.

Agencies which make money from modeling photos may be running modeling photography scams. Instead of getting money from commissions after the models get work, they are paid from photos before the models get work. This is the same as being paid up front.

It is a huge conflict of interest. Modeling agencies should not make money from modeling photos. They should only make money from the work models get. Scam modeling agencies make all their money or a significant amount of their income from modeling photos, not modeling jobs. Thus the scam is recruiting models to get signed by the agency knowing they will not get work, and the amount they pay for photos will never be paid for by modeling work.

Scam modeling agencies therefore have low standards on the type of models they select. They do not have to be selective. It becomes a numbers game: the more people they sign up, the more models will pay for photos, the more money they will make. The incentive for an agency to find models work when it earns money from their photos even if they don't work is not the same.

The modeling photography scam of requiring professional photos to get discovered by an agency is not very subtle. It is a black and white issue, and it can easily be disproved by contacting an agency, or reading what agency leaders have said.

The modeling photography scam of requiring professional photos to be promoted by an agency is very subtle. It is not a black and white issue, and it cannot easily be proved by contacting the agency.

The difference between these two scenarios is the difference between proving the present and the future. You can prove if at present an agency requires professional photos to be discovered. You cannot prove in the future an agency will not get a model work after the model paid for photos. That difference makes the second modeling photography scam much more insidious. It makes it very easy for a modeling agency to scam the model, and very easy for the agency to get away with the scam. They may add the disclaimer in the contract, "There are no guarantees of work." But this is not the issue. The issue is what percentage of models the agency represents already got work. How many of the models who signed with the agency found work through the agency?

Modeling Photography Expenses

One indication of a modeling photography scam is modeling photography expenses which are not commensurate with the type of modeling the model intends to get. Not all modeling pays well. Not all modeling agencies can get models high-paying work.

Paying $1,000 for comp cards to an agency which is a promotional agency, not a modeling agency, is ridiculous. Promotional "modeling" pays $15/hour. Therefore The model may never make more from modeling than the cost of the comp cards. In fact, the model may never even make anything. The model would have to work for more than 65 hours at $15/hr just to break even and to pay off the $1,000 comp cards. Paying $1,000 for comp cards when represented by an agency which gets many of its models high-fashion or high-paying work is not ridiculous. The cost of the photos can be paid by the first modeling job.

There are modeling agencies where models do not have to pay for their photos until after they work. It comes out of their first paycheck. This is the only way to check and balance expensive modeling photos. It does not put the model at risk or in a financial hole.

Child Modeling Photography Scams

In her book, The Modeling Handbook, Eve Matheson writes: "Never spend money on a portfolio for a baby or young child. In three months they will look different. The pictures in your wallet will do just fine" (p. 120).

Tim Tew, a photographer in Orlando, Florida, has this advice for parents: "Don't let anyone sell you a thousand-dollar portfolio. You only need a couple of snapshots to find out if an agent is interested. Then a good headshot is all your need to get started" (p. 155).

Photographers

The credibility of a modeling agency and the possibility of a modeling photography scam can be evaluated to some extent based on whether only one photographer is required or recommended. Reputable agencies should give a list of top photographers but they will not require one photographer.

The credibility of photographers can be checked by looking at the history of the photographer who is required or recommended. Get the photographer's name. Find the photographer's experience. Visit the photographer's website. Look at samples of previous work.

Below the BBB record for IMTA the BBB offered sound advice: "According to the Screen Actors Guild, a legitimate talent agency does not charge an advance fee for registration, resumes, public relations services, screen tests, photographs or acting lessons.... consumers should always pay the photographer and the printing company directly for any work done."

Photographers Split Fees

There are unscrupulous photographers who split fees with modeling agencies.

August:

"Modeling Agency Scams"

One of the most basic kinds of modeling agency scams is an individual, a couple, a group, or company calling itself a modeling agency, when it is not a modeling agency.

A photographer, for example, may call himself a modeling agency, when in reality all he has is a photo studio. A photo studio, however, is not a modeling agency.

There are also modeling agencies which are photo mills. They do not get people work. They do not make all their money from commissions after models work; instead, they make most of their money or even all of their money from modeling photos, before a model gets any work.

This type of modeling agency runs what is one of the most basic kinds of modeling agency scams: a modeling photography scam.

The modeling agency pretends it is going to get aspiring models work, and to do that, the aspiring model will need photos, or comp cards, or a portfolio. So the hopeful model pays hundreds or thousands of dollars on photography, but never gets any work.

A major modeling agency scam is when the agency makes all its money from photography, or it takes all the money the models spend on photos. They can do this because they have their own photographer(s). (If, for example, a model spends $1,000 on photos, the agency takes and keeps $1,000.)

A very similar scam, or the same scam at a different degree, is when a modeling agency works with a modeling photographer and can make half of all the money the models spend on photos. (If, for example, a model spends $1,000 on photos, the agency keeps $500, and the photographer keeps $500.)

The agency requires or highly recommends a specific photographer because they have a partnership -- a secret agreement -- where the agency and the photographer split the fees. To many aspiring models all modeling agencies initially, at least, look the same. Reputable modeling agencies require their models get comp cards; and scam modeling agencies also require their models get comp cards; so how can you tell if a modeling agency is a scam or legitimate?

The answer can be found by looking at two issues: work and photographers.

Work

Regarding work, three questions must be asked of all modeling agencies:

1. How many of their models get work?
2. How much work do the models get?
3. How much money do the models make?

If none of the models get work, it is more than likely a total scam.

If most of the models get work, but they don't do more than one modeling job, and they don't make more than they paid for modeling photos (comp cards), it could be a modeling scam.

A legitimate modeling agency cannot guarantee all its models will work. After all, which models work and which models do not work is not the choice of the agency. The best they can do is recommend specific models to their clients, but the clients ultimately decide.

But at a legitimate modeling agency the majority of the models will work, and the majority will make more money from modeling than they paid for comp cards; the comp cards will pay for themselves.

If you only check into the first question, i.e., how many of the models get work, you can be deceived. In certain regions, there are few modeling jobs, and most of the jobs do not pay well. So you can have the situation where all of the models get work, but none of them make a profit on their investment (comp cards).

If you only check into the second question, i.e., how much work do the models get, you can also be deceived. In certain regions, most of the jobs do not pay well. So you can have the situation where all of the models get work, but they earn little and, indeed, none of them make a profit on their investment (comp cards).

If you only check into the third question, i.e., how much money do the models make, you may be better off than asking just the first or second question, but you can still be deceived. What if only one or two models make good money, while the rest make little or nothing?

September:

"Tear Sheets"

Tear sheets are the gold standard of the modeling industry. Agency clients want tear sheets; agencies want tear sheets; and models want tear sheets.

Tear sheets are pages ripped from magazines, etc. They are pictures of models at work. They are proof the model has worked. They are proof the model has been published.

Tear sheets are so important new models will go to another country if they have to in order to get them. They will work in a foreign country to get tear sheets so they can get work in their own country.

Aspiring models need to take tear sheets seriously as they consider representation by an agency. Just as an agency's clients demand to see tear sheets, they need to demand to see them. They need to ask to see tear sheets at a modeling agency's office and look for tear sheets on their website.

Tear sheets are proof that an agency can and does get its models print work. If an agency has managed to get its models published in magazines, etc., they will have tear sheets.

Models keep tear sheets for their portfolios, and agencies keep copies of their books to promote them. If they have not and cannot get their models work, there will not be any tear sheets.

There is no reason to believe an agency will be able to get an aspiring model editorial or print jobs if they cannot produce tear sheets to prove they have already been successful.

Bogus model or talent agencies say or imply they can get high-end work, but they have no tear sheets to prove it.

Scam modeling agencies promote modeling for magazines and catalogs, but they have no tear sheets, because they can only get their models promotional work, which does not pay very well, and certainly nothing near true modeling.

Hype means nothing: tear sheets mean everything. Do not just listen to what you are told; look for published pictures. Talk is cheap and can be deceitful. But it is much harder to fake a tear sheet.

When a picture is a tear sheet, it is worth a thousand words. A tear sheet picture is worth something because it is basically about the same as showing a copy of a check which a model received from being represented by the agency.

Go to one of the Ford Models websites, and almost every picture in their models' portfolios is a tear sheet. Go to the website of a scam agency and you will see no tear sheets. The same screening process used to check modeling agencies can be used to check photographers.

Some of these scam modeling agencies claim big-name photographers are going to take the pictures of new models. One modeling agency even says its new models must be photographed by a photographer whose work has been published in a national magazine.

Well, fine, but let's see the tear sheets. Photographers are just as careful to keep tear sheets as models. They will both be able to advance their careers by proving they were published.

So ask to see the website of the photographer and look for tear sheets.

Tear sheets should be one of the first things to look for when checking out a modeling agency to determine if it is legitimate, or to find out if a photographer is respected.

Do not make it the last thing you look at and definitely don't forget to check. Tear sheets should be prominently displayed on a website or at the very least available by request.

October:

"Modeling Contracts"

A modeling contract is a commitment which a model makes to a modeling agency or to a client. In this discussion, however, the focus is contracts with modeling agencies, not clients.

A modeling contract is a major commitment which must be carefully considered, preferably with legal counsel, to avoid risking significant financial losses.

If you make a commitment to a bogus agency, or a weak agency, it can prevent you from making money modeling elsewhere through strong, reputable agencies.

There are basically two kinds of modeling contracts, exclusive and non-exclusive. An exclusive contract denies you the right to find work through other agencies. A non-exclusive contract lets you seek and get representation through one, a few, or many different agencies.

It is important to stress exclusive contracts are created by an agency, not the model. It is the agency's idea, not the model's. There aren't many models who demand exclusive representation from an agency.

Exclusive modeling contracts give the agency control over a model's destiny. A model is naturally dependent on an agency to get work, but becomes even more dependent when the contract is exclusive.

The fact is, even if an agency makes a written commitment signing an exclusive contract with a model, the agency is not putting itself at financial risk in any way that is comparable to the risk level for the model.

Basically, there is nothing to lose in an agency setting up an exclusive contract. They have a lot to gain, but nothing to lose. On the other hand, if the agency does not get the model work, the model does not make any money.

Modeling contracts need to be carefully considered for another reason. There is no strong models union; therefore, once the ink is dry, a model has few if any options. There is not much a model can do and not much anyone else can do for the model.

Typically modeling contracts last one year to three years.

Some agencies want models to make three-year exclusive contracts from the start. Multi-year exclusive modeling contracts, however, should be avoided as much as possible.

Many times the new model does not know the agency. Would you make a long-term commitment with a complete stranger?

It makes much more sense to demand they give you a damn good reason why they want you to sign an exclusive contract.

The contract should put pressure on the agency to do its job. If they are going to put pressure on you to make a commitment which is exclusive or lasts more than one year, you should be able to put pressure on them to get you work.

How would you do that? Instead of letting them act as if they automatically have the right to represent you, and you have no right to get out, they should earn the right.

In other words, the contract can stipulate if they fail to get you a specified amount of work within one year, you are allowed to seek additional representation or find another agency altogether.

For example:

"If the agency fails to get me $50,000 of work in the first year, the contract is no longer exclusive."

How does that compare with this:

"If the agency fails to get me any work in the first year, the contract is still exclusive."

By signing an exclusive multi-year contract which does not have a performance clause, it is like the second statement is part of the contract, isn't it?

Supermodels usually have agents whereas new models starting out usually don't. So you have to start thinking like an agent. If you had an agent, how would your agent negotiate your contract?

Logistically speaking, there is a logical reason for an exclusive model contract. If a model is going to be in high demand, but the model is represented by several agencies, each agency might want to book her at the same time or she could get double booked. These types of problems are avoided through exclusive contracts.

Exclusive contracts make more sense for a proven model. An agency can project the future based on the past. New models, of course, have no past, so there is no solid way to project the future. They may or may not get work, but there is nothing to base the speculation they will get work or get a lot of work.

It is too easy for an agency to speculate a model will get lots of work, and therefore use that as the reason for wanting her to sign an exclusive contract, and it is too easy for a model to be flattered, optimistic, and agree.

A commitment giving a model limited rights and the agency great control, however, should be based on something greater than cheap talk.

November:

"Modeling Tips"

"Don't believe everything you read on the internet."

"Check out client claims."

"Never sign up for photos by a photographer whose tear sheets and website you have not first reviewed."

"Steer clear of modeling companies that require you to use a specific photographer. Compare fees and the work quality of several photographers." -- FTC

"Be suspicious if a company requires an up-front fee to serve as your agent." -- FTC

"Don't assume a modeling school is a modeling agency."

"Be cautious if the school has a special referral relationship with a specific modeling agency. The two could be splitting your fees, or the agency may not be suited to your needs." -- FTC

"Don't ever compromise. If you have a gut feeling that something isn't right, don't do it! Don't do something that will come back to haunt you. Don't have a picture taken that you wouldn't want to show your mom and dad or, eventually, your children." -- Carol Alt

"From a moral standpoint, if you find yourself in a situation that is not right for you, get out of it. Be strong and do what your conscience tells you is right, no matter what anybody else says or does." -- Gloria Dare

"Don't just look at modeling. Look at acting also." -- Sandi Bass

December:

"Parents"

Parents are often the victims of modeling scams, perhaps even more often than their kids, the aspiring models.

After all many young aspiring models do not have the money, so they turn to their parents, asking, pleading, begging, and they pay.

Where does it start? There are three main starting points to modeling: 1) parents; 2) children; and, 3) scouts.

1. Parents Initiate Modeling

A parent with a nine-month-old infant has written asking about getting her baby started in modeling. Mothers with two-year-old daughters have also made inquiries.

At such a young age, before a child can speak, before they know what modeling is, or before the thought of becoming a model has ever entered their mind, parents have taken steps to get their kids into modeling.

But parents have also been influential in encouraging their kids to start modeling later on when they are teens. It is not always their teen children who initiate the interest. In fact one girl who went on to become a supermodel at first was not interested in modeling. It was her mother's idea. Esther Cañadas said: "I wanted to be a criminologist; my mom was always telling me that I should be a model."

Aggressive parenting has led mothers to get their kids a fast start into modeling. Brooke Shields' mother was a very aggressive parent, and she was largely responsible for her daughter becoming a child actress and model. Indeed her actions and virtual obsession with her daughter's early years has generated controversy.

2. Children Initiate Modeling

From an early age many girls are interested in modeling. Part of it is natural, an expression of the female spirit, and part of it is the result of outside forces, such as the media.

The media has portrayed the modeling world as glamorous and the ultimate expression and standard of beauty. Girls naturally want to be beautiful and models are depicted as the most beautiful women, and so becoming a model becomes part of The American Dream for many young American girls.

3. Scouts Initiate Modeling

Model scouts have initiated modeling interest when neither the child nor the parents considered modeling.

Apparently this was the case with supermodel Christy Turlington. She had no aspirations to become a model, and nor did her parents have any aspirations for her to become a model. In fact at the beginning they were very reticent.

Naive Kids

Problems start when teens and pre-teens who are interested in modeling lack life experience. The thought of a modeling opportunity being a modeling scam has never even crossed their mind. Has your child ever been ripped off through a scam? If they were, did they learn a lesson?

The first thing parents with life experience who have been ripped off and who have heard about modeling scams do is question a modeling opportunity. It is, however, the last thing many kids do. They have no reference point and they can, in fact, become as skeptical of your views and hesitation as you are skeptical and hesistant about the modeling opportunity itself.

Dealing with Disappointment

When you conclude after research that a modeling opportunity is a modeling scam, or it is most likely a scam, your child may conclude you don't really care. It could in fact get quite intense when you appear to be resisting their dream.

An aspiring model's father who concluded a modeling opportunity was a modeling scam -- and refused to pay and let his 11-year-old daughter become part of it -- said afterwards she was upset for a long time: "It took my daughter two months to get over it."

If you would rather not see your child upset or pouting for weeks, one option is to seek out alternative modeling opportunities, so your daughter is not left feeling as if her dream has been ruined forever.

The mother of two aspiring teen models wrote and said: "Your website and your response is greatly appreciated. It saved two parents from shattering the dreams of their teens, who felt that I just did not care. Of course parents are not smart people, so how could I know [...] is a scam. Seeing it in print from you was all that it took. But they are not giving up hope. Now we are headed to an Open Call from [...]."

A father in California had this idea. After turning down a very expensive modeling opportunity, he asked for the names of reputable modeling agencies where he lived: "Could you please give me the names of a few agencies that I can call to offset my children's disappointment that I decided not to follow through...?"

You can do something to show your kids you care about their hopes and dreams. Doing nothing but saying no is not going to help. They need more than that. If you just say no, they will read it as you are the problem; if they see some sign of support, they can see the company is the problem.

Cindy Crawford's father took the day off work to drive her into Chicago to visit modeling agencies. This is how she got started in her modeling career. Her dad was at the center of it, totally involved.

Money

There are kids who really want to become models. But they really don't have the money. So really their only option is to ask mom or dad to pay.

There are also teens who work and have money and they pay for modeling opportunities, but there are many others who cannot afford it.

However, there are also parents who cannot really afford the opportunities, too. Unbelievably, they even consider taking out bank loans, either due to pressure from their child, or because they think the opportunity is legitimate and worth the risk.

It has been reported parents of a family of five children who were not well off took money out of their savings so one of their daughters could attend a very expensive modeling convention. The mother was shocked when she realized she had paid $5,000.

Rare Opportunity

In parts of America where there are virtually no modeling opportunities, and they only come along maybe once a year, kids can place their parents under a lot of pressure. They are made to feel as if it is "now or never," the chance of a lifetime could slip through their hands like sand, unless they act immediately.

A lot of parents are not prepared for this type of pressure; indeed, it sneaks up on them, because many times there is no mention of money until the end of the presentation or "open call," at which point they are asked to make an instant payment or deposit.

They know little about the company, even less about the industry, have no time to find out much about either, and... you get the picture.

On the Defensive

The net effect of The American Dream, the child's passion, the child's lack of life experience, and lack of money, and sometimes the demand for instant money through a deposit, puts parents very much on the defensive.

Instead of someone else having to explain why they should pay, parents feel as if the onus is on them: they must come up with the reasons why they should not pay, and sometimes do so instantly.

Loving Your Children

One reason why parents become the victims of modeling scams is because they would do anything for their kids. Their child really wants something, and they really want their child to be happy, so they give their child what they want.

Using the Kids to get to the Parents

Modeling scams can be designed to leverage the kids' strong interest and thereby increase the pressure on parents.

The parent of two children who were interested in modeling was presented with a modeling opportunity, but turned it down, saying: I think what irks me the most about their sales pitch is that they do it in front of your children, almost using them for leverage in convincing you to sign them up for what is a very costly "schooling" program.

The people who run modeling scams know the weakest link many times is the children. They know kids do not have life experience, awareness of modeling scams, and are probably not the ones who are going to pay; so they target their parents.

Most Beautiful Kids

Parents are vulnerable to modeling scams because they believe their kids are beautiful. Many parents feel their children are the most beautiful children in the world. So when along comes a scout who is ready to flatter them, they are easy prey.

"Your daughter is beautiful."

"I couldn't agree with you more."

Star-Struck Parents

It is not just kids who get star struck: it happens to the best of parents, too. American culture is so saturated with fame. Celebrity is an obsession. This can make parents more vulnerable to opportunities which can supposedly lead to stardom.

After a mother at a model and talent search was told a casting director rarely made a fuss over prospective talent, and gave compliments, as she had done with her son, the mother was star struck, and the flattery opened her wallet:

Well, after that I was star struck! Hell, at that point they probably could have taken me for three times the amount we eventually paid!

Emotional Manipulation

Parents have complained in the past about emotional manipulation. Kids are totally excited and their adrenaline is going through the roof. Their self-esteem is boosted sky high. They are told they could be models or they have been selected to model and... translation... "I'm going to be a model!!!"

One mother presented with a modeling opportunity said:

What really bothers me is that they do not mention money at all during the entire auditioning process. Actually they don't ever say anything about it. You find that out when they give you your time for your call back. So here you have these teens all excited and happy to be chosen, then you have to crush them because you simply cannot fork over $595 on the off chance that a record producer is actually even going to be there. If I'd known about the cost of the whole thing, I would never even have attended.

Teens are jerked around. Their emotions go so high so fast and their heart is set on the modeling opportunity, then they can come crashing down, realizing it is a scam, or that their parents are not going to pay.

Your Child's Education

On the TV talk show Dr. Phil, there was an episode where a girl was thinking of dropping out of high school to be a model.

Roshumba Williams, the famous model and author of The Complete Idiot's Guide to Being a Model, appeared on the show to talk her out of it.

By the end of the show, the young aspiring model said she changed her mind, because she realized she needed to get an education.

Ironically, the most educated parents could be most vulnerable to some modeling scams. A model and talent agency president has said, and many others believe, modeling schools are modeling scams.

The same parents who received a good education and tell their kids they need to get an education to get a job are easily led to believe a modeling education is needed to get a modeling job.

But if there is an exception to every rule, and the rule is you need to get an education to get a job, modeling is the exception.

What a model needs to learn can be taught after she is signed with a modeling agency, not before. Moreover, the agency assumes the responsibility of training and they provide the training free.

Unlike colleges in America, there are no industry standards for a modeling education. There are no modeling colleges, there is no standard curriculum, there is no accreditation, so the "diploma" an aspiring model receives from a modeling school means nothing. There is no evidence to suggest a modeling school diploma will help aspiring models get modeling jobs.

Modeling Conventions

While some teens and aspiring models can afford modeling schools, few can afford expensive modeling conventions, and their parents pay, many times living to regret it.

Too often parents blow money they could be saving or have invested for their child's college education on gambling. Not in Las Vegas, but at a modeling convention.

Five thousand dollars or more can be lost instantly at a convention. Parents and their kids leave with nothing to show for it. Saving for a college education, on the other hand, is a good investment. Going to a modeling convention is not an investment, it is a gamble.

Since parents have been victims of modeling scams in the past, and they are often the ones who pay, they need to assume the responsibility to learn about the modeling industry, learn about the company presenting a modeling opportunity, and not buckle under the pressure of their kids' demands.