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Author Topic: Photo model rights???  (Read 1275 times)

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« on: May 15, 2018, 22:19 »
0
Hi, 

I have situation with one of my photo-models. Model is complain to agency and agency want me to remove photos. Model is regularly payed for several shootings but is sign only one model release for firs shoot. That is not problem on most of the agencies.

Is model have right to ask me or agency to delete photos if I have valid model release and regularly pay for model fee.

Thanks,
BA


« Reply #1 on: May 16, 2018, 00:41 »
+2
Hi, 

I have situation with one of my photo-models. Model is complain to agency and agency want me to remove photos. Model is regularly payed for several shootings but is sign only one model release for firs shoot. That is not problem on most of the agencies.

Is model have right to ask me or agency to delete photos if I have valid model release and regularly pay for model fee.

Thanks,
BA
Sorry but I think they do...I think a model release applies to a particular shoot rather than giving any perpetual rights to carry on releasing further pictures taken on a date AFTER the model signed anything.

« Reply #2 on: May 16, 2018, 01:14 »
0
But what if imodel is asking me to remove photos with valid date... I mean if Im regularly payed model and he is regularly sign release. Do I have to remove photos just cause model is asking me to remove them.

Thanks

« Reply #3 on: May 16, 2018, 02:01 »
0
But what if imodel is asking me to remove photos with valid date... I mean if Im regularly payed model and he is regularly sign release. Do I have to remove photos just cause model is asking me to remove them.

Thanks
Not if you have a release that applies to that particular shoot. The trouble is many agencies don't like the risk of any arguments so might well remove them whether you are in the right or not.

« Reply #4 on: May 16, 2018, 12:05 »
+5
Why is the model asking for you to remover the images?

If you have a model release, you're probably fine, but it's probable not worth the hassle to fight it. I would ask the model to return any money you paid them and some money for your time. If the model did that, I would remove the images.
« Last Edit: May 16, 2018, 17:49 by ForrestBrown »

« Reply #5 on: May 16, 2018, 16:59 »
0
Is this maybe the same case we had recently here on boards where model was asking around how to make photographer remove photos from agencies?

« Reply #6 on: May 17, 2018, 03:49 »
0
Hi, 

I have situation with one of my photo-models. Model is complain to agency and agency want me to remove photos. Model is regularly payed for several shootings but is sign only one model release for firs shoot. That is not problem on most of the agencies.

Is model have right to ask me or agency to delete photos if I have valid model release and regularly pay for model fee.

Thanks,
BA

Hello, I am working lot of professional models. I shoot stock works only with experienced freelancers.
I never shoot stock with following type of people
-  inhouse models or agencies (they wanna build up their young models for international fashion market (mostly...)).
-  cheap freelancer models without experience who are started blaming you for everything due to releases on market, on wanna % from your earnings.

Theoreticaly you have right don't delete the pictures - In your case I recommend delete them if those pictures arent your very best from your portfolio (avoiding litigation with agencies and model).
But if you wanna keep photos, then i recommed validate model release with witness and model at official notary at YOUR contry, official translation if required, and invoice/recipt from model for model job (what is not so easy..)...

« Reply #7 on: May 17, 2018, 19:15 »
0
It's big problem cause we had about 10 shoots and one release. We are produced +10K photos and about 3000 videos. Model is well payed and is not only model on shootings. So, shootings are very expensive everything is pre-produced, costs  for locations, props, food, accommodation...

Model is making complain about very small part of recorded material bud agency want me to delete all materials that is not on date of signing model release.

Should I use services of lawyer and is anyone have experience with this?


« Reply #8 on: May 17, 2018, 20:19 »
0
It's big problem cause we had about 10 shoots and one release. We are produced +10K photos and about 3000 videos. Model is well payed and is not only model on shootings. So, shootings are very expensive everything is pre-produced, costs  for locations, props, food, accommodation...

Model is making complain about very small part of recorded material bud agency want me to delete all materials that is not on date of signing model release.

Should I use services of lawyer and is anyone have experience with this?

I assume you have tried to negotiate with her on this?  In particular, getting her to agree to just taking down the images she is offended by?  Or possibly re-editing the images she does not like (assuming an edit will correct her issue)?  PITA, but better than losing the all 10K photos and 3000 videos.

Personally I doubt a lawyer would be a good option for you.  The agencies do not have to obey the result of any suit, and can still take down the images for any or no reason whatsoever. They don't want to get into a legal suit, and unless your model just caves, would probably counter-sue and include the agencies.  I do not know how the internal politics at agencies work, but I could easily see you blackballed from all future images if you drag them into a legal battle.

And, of course, bottom line.  Learn from this moving forward. If the shoot is really that complex, then it is a very small addition to make sure every model signs a release. 

A few years ago I read about a photographer (Denver, if I remember right), who set up a stock shoot in a theater with 300 models, all recruited via social media.  He paid them with a T-shirt (which was a prop in the shoot) and a free 8X10 of their choice from the shoot, plus a viewing of the movie being used as part of the shoot.  As the people lined up to enter the theater, an assistant had them sign a release, took their photo and entered the data into their iPhone app.  Nobody was allowed into the theater until they had completed that step...

ShadySue

« Reply #9 on: May 18, 2018, 04:19 »
0
he agencies do not have to obey the result of any suit, and can still take down the images for any or no reason whatsoever.
This.
They can close your account for any/no reason by giving you notice, exactly as you can close your account without giving any reason.
I sympathise for your position - is the model trying to blackmail you into giving them more money?

« Reply #10 on: May 22, 2018, 04:14 »
0
you said: "Is model have right to ask me or agency to delete photos if I have valid model release and regularly pay for model fee."

any photo you take with your camera is copyrighted by you. you have the full ownership and rights to your photos, even if the model does not sign a release form.

release forms are for when the image is used in advertising. it is the buyer of each photo who takes a risk that using the photo in advertising might not be legal. you provide him the form to show you did your work legally.

you can sell your photos to anyone if it falls under "Fair Use" such as editorial or educational use. if the image is being used for advertising, then the buyer of the photo needs the model's permission.

the agency does not ask how the image is being used when it is bought by the buyer. the agency does not know if the buyer is using it under Fair Use (editorial, educational use, etc) or whether it is for commercial use (advertising).

some agencies default all of their photos to Editorial, so you do not need a model release form, but most do not, and for those, you need the form.

if the image is never used in advertising to the general public, then you cannot be sued, and the agency cannot be sued (in the US the agency is protected by the DMCA). there is no law prohibiting you from making the photo available for sale. the problem can occur once someone uses it in an ad, if he does not have the model's permission. the MRF states that the model relinquishes all rights to the photos.

canstock's form says: "This Agreement applies to any and all photographs, footage, and recording of the Model and the Model's property made
by the Photographer". there is no shoot date or date restriction. if you used canstock's form, you are safe becuase the model is releasing rights to all photos made by you without restriction. some forms have shoot dates, and unless you have each date listed, you are not covered.

any and all photos can be used for editorial or educational photos, without the model release form, and therefor, lack of a model release form is not sufficient for preventing a photo from being made available for sale by an agency.
« Last Edit: May 22, 2018, 04:24 by unnonimus »

« Reply #11 on: May 22, 2018, 04:22 »
0
when I film I ask the model to sign 10 to 15 different forms, one from each agency, so that I am always covered if an agency has a problem with a form.

« Reply #12 on: May 22, 2018, 04:41 »
0
10 to 15 release  forms you say?

Shows how little you really know then  ;D


 

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