Image Ownership

[isaiahbrink]

Originally Posted by R_Fredrick_Smith

There are some very smart models also. But that doesn't really make the difference. Most people just flat don't read what they sign. Often it is in legal mumbo jumbo and they generally are not sure what it means even after they read it. But a release, no matter how worded, may or may not be sufficient for all uses of a photo. Every situation is different. I gave the example of the model in my post (who was a very smart model), who just didn't want her photos around the internet after she married. I can understand, and I cooperated with her in removing those photos. This wasn't such a bid deal before the internet, but now the photos can end up anywhere and everywhere. I think maybe photographers will need to make a more concerted effort to let the model know up front what the release really means one can do with the photos. Of course, you'll get a lot fewer models willing to pose nude or implied, etc.
Cheers,
rfs

All very good points. In this case, I did just as you suggested, explained all of it before either of us signed it. In my case, I think I just got a bad model. I honestly looking back at it, should have known better, since she had really only worked with one photographer for her port but claimed to have been an experienced professional.

[kgphoto]

To the original poster.

How important is this image to you? How much are you willing to invest in time and money to insure your rights?

Do you belong to ASMP? They have legal counsel who might help, but probably not with a model release.

Is she using your images on her site or anywhere else? If so, take her to court for copyright infringement. Then in court she can explain how she came to possesses them and then you can use that as evidence in the next case where she sues you for having them on your site.

Or just re-shoot.

Lesson learned, get the release and store it safely.

[RHWeiner]

Chalk this up to experience and continue shooting. Who was it that said their Best Image is the Next One? There will be others perhaps even better.After a while the image will be dated. However having said that I know that the Farah Fawcett swimsuit image is still very much around 30+ years later.

The beauty of the Internet is that your images can be seen by tens of thousands at any time whereas a portfolio book is viewed only by one person at a time...a benefit to you

The bane of the Internet is that your images can be seen by tens of thousands at any time whereas a portfolio book is viewed only by the one person you allow to open it...not a benefit to the model (in this case)

Keep a good print in your personal portfolio to show prospective models when you deal with them face to face. That way as least you'll be able to keep the image available for viewing...just not via the Internet.

Good luck.

[sflimey]

I've kind of figured I'd just remove it now, I feel I own the copyright of the image but without the release I just cant really use it in the way I wanted. Just a dumb mistake on my side. I notice a lot of people saying you dont want to have a model talking crap about you but how far do you go with that.

If you shot something this week and have a mutual promo usage release and they tell you they dont like anything you shot but you love them. Would you not use them.

What about if you had paid the model to shoot in the same situation. You have full rights to the image, would you remove them in case a model started bad mouthing you?

[kgphoto]

One "Oh S**t!" erases a lot of "atta boys".

So how much do you want to get involved and invest in this battle?

How hard would it be to remake the image?

Could you change her mind with finesse? You can't force her without the support of the paperwork you lack.

If you have paper work you can press ahead and if she defames you, sue her a**!. Without it, it is a lot of he said, she said. Not really worth the time unless this is such a great picture and you stand to make a lot of money from this one image. However, without a model release you are screwed. Do better next time. Move on.

[sflimey]

Originally Posted by kgphoto

One "Oh S**t!" erases a lot of "atta boys".

So how much do you want to get involved and invest in this battle?

How hard would it be to remake the image?

Could you change her mind with finesse? You can't force her without the support of the paperwork you lack.

If you have paper work you can press ahead and if she defames you, sue her a**!. Without it, it is a lot of he said, she said. Not really worth the time unless this is such a great picture and you stand to make a lot of money from this one image. However, without a model release you are screwed. Do better next time. Move on.

Yeah my thoughts are this image was going to be part of series of images still have to shot the others so my head is at the point that even though it took a look of setup better moving on a chalking it up to experience when I shoot the other three images in the series I'll redo the first one as well. I was reading a thread about how we get too attached to our images sometimes and this is probably one of those times.