Author Topic: Does Shutterstock model release cover "Sensitive Use"? (Read 4049 times)

helloitsme · « **on:** May 05, 2019, 14:43 »

Does it give photographers legal protection if a model sues?

A few years ago, my model complained to me when he (allegedly) saw himself on a sperm bank ad and threatened to talk to a lawyer to take action. I didn't want any trouble. So, I asked him to pay back the money I paid him and then took his images off.

He signed the Shutterstock model release of course. Does he have any legal ground if he sued? Does the Shutterstock model release cover sensitive use and give photographers legal right to opt in "Sensitive use"?

Do we have to tell models "You may end up on a sperm bank, Viagra and other sensitive Ads and may be portrayed as having sexually transmitted disease somewhere."?

Sean Locke Photography · « **Reply #1 on:** May 05, 2019, 15:14 »

Well,
A: you can read the release to see what YOU are telling the model will not happen with the content. That is not an agreement with SS or any other agency though. That is between you two.
B: buyers can still use the content incorrectly

So, even if your release aligns with the content license, buyers can still use the content improperly and the model could be upset. From experience.

helloitsme · « **Reply #2 on:** May 05, 2019, 15:44 »

Interesting case here model sued NY State for portraying her as HIV positive using Getty stock photo.

https://www.techtimes.com/articles/219001/20180117/model-sues-new-york-for-identifying-her-as-hiv-patient-in-aids-campaign-photo.htm

helloitsme · « **Reply #3 on:** May 05, 2019, 15:47 »

Horrible case here.

"I am being sued in federal court for hundreds of thousands of dollars by a model I worked with in January 2013. This is a model that I paid, and who signed a release allowing me to sell her images through stock photo agencies. Why I am I being sued? It revolves around images that got misused or were just outright stolen and the model is blaming me for it.

It seems that many of her pictures ended up on erotic book covers, escort ads, and strip club ads. To my understanding she is claiming I either sold these directly to these people or through Shutterstock. As for myself, I only sold her images through a stock agency with a terms of service that did not allow pornographic/defamatory use — I have never sold an image of hers directly to someone."

https://petapixel.com/2015/01/11/help-sued-nearly-500000-model-photographed/

helloitsme · « **Reply #4 on:** May 05, 2019, 15:49 »

This is the HIV portrayal case. The model also sued Getty initially.

https://petapixel.com/2013/09/22/model-sues-getty-seeing-hiv-positive-advertisement/

helloitsme · « **Reply #5 on:** May 12, 2019, 17:31 »

So, everybody is opting out sensitive use?

Shelma1 · « **Reply #6 on:** May 12, 2019, 17:53 »

It's really unfortunate that anyone can sue you for pretty much any reason, and even if they have no case you're forced to hire an attorney and you lose money no matter what. I've been sued twice now, for completely un-stock-related things, and though neither case had any merit whatsoever it cost me more than $10,000 overall to defend myself against nonsense. It makes me really glad I don't own a gun.

Edited to add: My last attorney came right out and said that lawsuits are a form of "legal extortion" and nobody makes money but the attorneys.

Clair Voyant · « **Reply #7 on:** May 12, 2019, 18:12 »

America - Where you are never responsible for your own actions. Strange place.

helloitsme · « **Reply #8 on:** May 13, 2019, 19:42 »

Quote from: Shelma1 on May 12, 2019, 17:53

It's really unfortunate that anyone can sue you for pretty much any reason, and even if they have no case you're forced to hire an attorney and you lose money no matter what. I've been sued twice now, for completely un-stock-related things, and though neither case had any merit whatsoever it cost me more than $10,000 overall to defend myself against nonsense. It makes me really glad I don't own a gun.

Edited to add: My last attorney came right out and said that lawsuits are a form of "legal extortion" and nobody makes money but the attorneys.

I'm sorry to hear that.

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Author Topic: Does Shutterstock model release cover "Sensitive Use"? (Read 4049 times)

helloitsme

Sean Locke Photography

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helloitsme

helloitsme

helloitsme

Shelma1

Clair Voyant

helloitsme

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